PEOPLE v. GARDNER

8922, 307442/09.

101 A.D.3d 1634 (2012)

956 N.Y.S.2d 367

2012 NY Slip Op 8907

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER A. GARDNER III, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 21, 2012.


It is hereby ordered that the judgment so appealed from 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 [3]) and resisting arrest (§ 205.30). Defendant first contends that his plea was not knowingly, intelligently and voluntarily entered because he never admitted during the plea colloquy that he intended to prevent a police officer from performing...

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