Torts · MBE-tested
The People of the State of New York, Respondent, v. Nelson Velasquez, Jr., Appellant
213 A.D.2d 1077625 N.Y.S.2d 990·New York Supreme Court, Appellate Division·1995·NY
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Opinion
The People of the State of New York, Respondent, v Nelson Velasquez, Jr., Appellant.
[625 NYS2d 990]
[MAJORITY]
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his guilty plea to assault in the first degree (Penal Law § 120.10) because the factual recitation during the plea allocution negated the necessary element of intent by raising the issue of self-defense. That contention is unpreserved (see, People v Lopez, 71 NY2d 662, 665). In any event, it lacks merit (see, People v Lopez, supra). (Appeal from Judgment of Cayuga County Court, Corning, J. —Assault, 1st Degree.) Present—Fallon, J. P., Wesley, Doerr, Balio and Boehm, JJ.