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12 A.D.3d 462

People v. Prainito

Appellate Division of the Supreme Court of the State of New York · decided 2004-11-08

Decided 2004-11-08

¶1Appeal by the defendant, by permission, from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered September 4, 2002, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3Contrary to the defendant’s contention on appeal, there was no arguable factual basis to set aside his plea of guilty (cf. People v Melio, 304 AD2d 247 [2003]). Ritter, J.P., Santucci, Cozier and Skelos, JJ., concur.

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