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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VOGLER, Appellant.

Judgment unanimously affirmed. Memorandum: There is no merit to defendant's claim that his factual allocution was insufficient to support his plea of guilty to assault in the second degree (Penal Law § 120.05). Proof that defendant caused physical injury to the police officer is not required (see, People ex rel. Gray v Tekben, 86 A.D.2d 176, 178, affd 57 N.Y.2d 651). Defendant's admission that he lunged at the officer with the intent to prevent him from performing his lawful duty and that the officer was injured in the ensuing melee was adequate, and the court did not err in accepting the plea (see, People v Johnson, 115 A.D.2d 330).

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PEOPLE v. VOGLER
(Dec 20, 1989)