| People v Urbanak |
| 2014 NY Slip Op 00136 [113 AD3d 643] |
| January 8, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Michael J. Urbanak, Appellant. |
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William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of
counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered December 11, 2012, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because the facts to which he allocuted do not actually constitute a crime is unpreserved for appellate review (see People v Pryor, 11 AD3d 565 [2004]). In any event, contrary to the defendant's contention, the facts to which he allocuted constituted the crime of attempted assault in the second degree (see Penal Law §§ 110.00, 120.05 [9]; see also People v Baez, 13 AD3d 463, 464 [2004]; cf. People v Smielecki, 77 AD3d 1420, 1421-1422 [2010]). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.