| People v Shand |
| 2013 NY Slip Op 02274 [105 AD3d 777] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Desmond Shand, Appellant. |
—[*1] 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 incidentwithout reporting, driving while intoxicated (two counts), reckless endangerment in thesecond 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 indictmentcontained a duplicitous count, and his contention that charging both assault in the seconddegree and two counts of vehicular assault in the second degree was an act ofprosecutorial excess (see People v Hansen, 95 NY2d 227, 230 [2000]; Peoplev Beattie, 80 NY2d 840 [1992]; People v Bracewell, 26 AD3d 812 [2006]; People vVega, 268 AD2d 686, 687 [2000]). Furthermore, the defendant's contention that hisequal protection rights were violated is without merit (see People v Walton, 41NY2d 880, 881 [1977]; People v Mahy, 305 AD2d 856 [2003]). Mastro, J.P.,Rivera, Hall and Miller, JJ., concur.