People v. Shand

• Decision Date: 03 April 2013
• Citation: 961 N.Y.S.2d 785,2013 N.Y. Slip Op. 02274,105 A.D.3d 777
• Parties: The PEOPLE, etc., respondent, v. Desmond SHAND, appellant.
• Court: New York Supreme Court — Appellate Division

105 A.D.3d 777
961 N.Y.S.2d 785
2013 N.Y. Slip Op. 02274

The PEOPLE, etc., respondent,
v.
Desmond SHAND, appellant.

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

April 3, 2013.

Neal D. Futerfas, White Plains, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Laurie G. Sapakoff, and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiBella, J.), rendered January 8, 2010, convicting him of assault in the second degree, vehicular assault in the second degree (two counts), leaving the scene of an incident without reporting, driving while intoxicated (two counts), reckless endangerment in the second degree, reckless driving, speeding (two counts), and failing to stop at a stop sign, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

By pleading guilty, the defendant forfeited his contention that the indictment contained a duplicitous count, and his contention that charging both assault in the second degree and two counts of vehicular assault in the second degree was an act of prosecutorial excess ( see People v. Hansen, 95 N.Y.2d 227, 230, 715 N.Y.S.2d 369, 738 N.E.2d 773;People v. Beattie, 80 N.Y.2d 840, 587 N.Y.S.2d 585, 600 N.E.2d 216;People v. Bracewell, 26 A.D.3d 812, 810 N.Y.S.2d 273;People v. Vega, 268 A.D.2d 686, 687, 701 N.Y.S.2d 483). Furthermore, the defendant's contention that his equal protection rights were violated is without merit ( see People v. Walton, 41 N.Y.2d 880, 881, 393 N.Y.S.2d 979, 362 N.E.2d 610;People v. Mahy, 305 A.D.2d 856, 761 N.Y.S.2d 122).

MASTRO, J.P., RIVERA, HALL and MILLER, JJ., concur.