People v. Pitts

—Appeal from a judgment of Supreme Court, Erie County (Wolfgang, J.), entered November 29, 2000, convicting defendant upon his plea of guilty of assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [1]). Contrary to the contention of defendant, Supreme Court properly accepted his plea to the lesser crime of assault in the second degree in satisfaction of an indictment charging him…