SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 23, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LUCAS LANGE, DEFENDANT-APPELLANT.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered November 4, 2009.
People v Lange
Decided on December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree,
aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated, a class E felony.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
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 "signal[ed] defendant's intention not to litigate the question of his guilt' " with respect to that charge (People v Taylor, 65 NY2d 1, 5; see People v Dewitt, 295 AD2d 937, 938, lv denied 98 NY2d 709, 767). 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, lv denied 93 NY2d 1006). The sentence is not unduly harsh or severe.
Entered: December 23, 2011
Frances E. Cafarell Clerk of the Court
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