Appellate Division of the Supreme Court of the State of New York May 9, 2002 (People v. Cummings)

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered February 8, 2001, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant entered a counseled plea of guilty to the crime of assault in the first degree and was sentenced as a second felony offender to a determinate prison term of nine years. This appeal ensued.