Legal Opinion

People v. Smallwood

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 1990Published

1Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: There is no merit to defendant’s contention that, because he denied an intent to inflict serious physical injury during his plea allocution, the court erred by *1005accepting his guilty plea to the charge of assault in the first degree. An intent to inflict serious physical injury was readily inferable from defendant’s admissions concerning the beating of his wife (see, People v McGowen, 42 NY2d 905, rearg denied 42 NY2d 1015; People v Lopez, 127 AD2d 234, affd 71 NY2d 662). Although…

2Cases cited7 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. McgowenNew York Court of Appeals · 1977
  3. Schwartz v. FeltonNew York Court of Appeals · 1989
  4. People v. BrunoAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1987

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