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PEOPLE v. ROGER

Appellate Division of the Supreme Court of New York, Second Department.
Oct 29, 2001
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ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, her plea allocution was sufficient to support a determination that she acted with the requisite intent for assault in the second degree (see, Penal Law ยง 120.05; People v. Sawyer, 270 A.D.2d 293; People v. Coulanges, 264 A.D.2d 853; People ex rel. Gray v. Tekben, 86 A.D.2d 176, affd 57 N.Y.2d 651). We note that this issue was preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662; People v. Hernandez, 259 A.D.2d 762; People v. Asabal, 256 A.D.2d 520).

In light of, inter alia, the defendant's commission of another crime while awaiting sentencing for the instant offense, the County Court providently exercised its discretion in denying her youthful offender treatment (see, People v. Outley, 80 N.Y.2d 702; People v. Harper, 270 A.D.2d 431; People v. Cruickshank, 105 A.D.2d 325, affd 67 N.Y.2d 625).

RITTER, J.P., SANTUCCI, FEUERSTEIN and ADAMS, JJ., concur.