[U] People V. Yu
Appellate Term, Second Department New York Supreme Court
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In October 2003, defendant was charged with assault in the third degree (Penal Law § 120.00 ), menacing in the third degree (Penal Law § 120.15) and harassment in the second degree (Penal Law § 240.26 ), upon the complainant's allegation that he repeatedly kicked and slapped her about the face and body. In November 2003, defendant disposed of these charges by pleading guilty to one count of disorderly conduct (Penal Law § 240.20) and was sentenced to a conditional discharge. On appeal, defendant contends that his plea was not knowingly and voluntarily made, and makes numerous statements which are dehors the record. Inasmuch as defendant failed to move to withdraw his plea or vacate the judgment of conviction in the court below (see generally CPL 220.60, 440.10), the judgment of conviction is affirmed (see People v Johnson, 82 NY2d 683 ).
- Category: Law
- Published: 24 June 2005
- Publisher: LawApp Publishers
- Print Length: 9 Pages
- Language: English