People v. Davis

Appeal from a judgment of the County Court of Greene County (Battisti, Jr., J.), rendered March 14, 1989, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

We reject defendant’s argument that his plea of guilty to the crime of assault in the third degree in Town Court precluded his subsequent prosecution on the instant felony charge. Nothing in the certificate of disposition indicates that the misdemeanor plea was taken in satisfaction of both that charge and the felony charge. Even if we were to accept defendant’s contention that this was the…