PEOPLE v. ROGER

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Jessica L. ROGER, Appellant.

Decided: October 29, 2001

DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN and THOMAS A. ADAMS, JJ. David Goodman, Poughkeepsie, N.Y. (David Steinberg of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Marlow, J.), rendered May 17, 1999, convicting her of assault in the second degree, upon her plea of guilty, and imposing sentence.

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 § 120.05[3];  People v. Sawyer, 270 A.D.2d 293, 704 N.Y.S.2d 604;  People v. Coulanges, 264 A.D.2d 853, 696 N.Y.S.2d 466;  People ex rel. Gray v. Tekben, 86 A.D.2d 176, 449 N.Y.S.2d 276, affd. 57 N.Y.2d 651, 454 N.Y.S.2d 66, 439 N.E.2d 875).   We note that this issue was preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Hernandez, 259 A.D.2d 762, 687 N.Y.S.2d 658;  People v. Asabal, 256 A.D.2d 520, 682 N.Y.S.2d 862).

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, 594 N.Y.S.2d 683, 610 N.E.2d 356;  People v. Harper, 270 A.D.2d 431, 705 N.Y.S.2d 268;  People v. Cruickshank, 105 A.D.2d 325, 484 N.Y.S.2d 328, affd. 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530).

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