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PEOPLE v. HEATH

2022-00194. Ind. No. 4/21.

218 A.D.3d 693 (2023)

192 N.Y.S.3d 253

2023 NY Slip Op 03871

The People of the State of New York, Respondent, v. James Heath, Appellant.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Gary E. Eisenberg , New City, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Raffaelina Gianfrancesco and Shea Scanlon Lomma of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Ford and Taylor, JJ., concur.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered December 2, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant challenges the factual sufficiency of the plea allocution. The record demonstrates that the defendant knowingly, voluntarily, and intelligently...

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