29 A.D.2d 679 | N.Y. App. Div. | 1968
Appeal by defendant from a judgment of the Supreme Court, Nassau County, rendered October 7, 1966, which convicted him of assault in the second degree, on his plea of guilty, and imposed sentence. Judgment affirmed. On March 31, 1966 defendant was indicted on two counts of assault in the second degree and one count of possession of a dangerous weapon as a felony. On June 13, 1966 Miranda v. Arizona (384 U. S. 436) was decided. On July 27, 1966 defendant (then 37 years old) appeared with retained counsel and, after conferring with counsel and admitting in open court that he had cut his wife with a knife on February 3, 1966, causing her to be in a hospital for five days, pleaded guilty to one count of assault in the second degree in satisfaction of the indictment based on (a) the District Attorney’s agreement not to seek multiple offender punishment as the result of defendant’s prior convictions in North Carolina and (b) the trial court’s agreement to sentence defendant to not less than one year and three months and not more than two years and six months. When defendant appeared for sentence on October 7, 1966, he moved to withdraw his plea of guilty on the grounds that (1) his wife had testified against him (apparently before the Grand Jury) under duress, (2) his wife would not have testified against him on a trial, (3) he