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PEOPLE v. VOGLER

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 20, 1989

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 ยง 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).