People v. Lange, 90 A.D.3d 1534 (N.Y. App. Div. 4th Dep't 2011). · Go Syfert
People v. Lange, 90 A.D.3d 1534 (N.Y. App. Div. 4th Dep't 2011). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Lucas Lange
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2011.
Published opinion
90 A.D.3d 1534
Published
Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, reckless endangerment in the first degree (Penal Law § 120.25). By pleading guilty, defendant forfeited his challenge to the evidence of his guilt supporting the reckless endangerment charge, i.e., his guilty plea “signaled] defendant’s ‘intention not to litigate the question of his guilt’ ” with respect to that charge (People v Taylor, 65 NY2d 1, 5 [1985]; see People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). In any event, that challenge “rests on speculation as to what the evidence might have been had there been a trial” (People v Washington, 262 AD2d 209 [1999], lv denied 93 NY2d 1006 [1999]). The sentence is not unduly harsh or severe. Present — Smith, J.P, Peradotto, Lindley, Green and Martoche, JJ.