People v. Afarian

This is an appeal from a judgment of the City Court of Binghamton, entered upon the verdict of a jury, convicting the defendant of the crime of assault, third degree. The defendant in addition to her plea of not guilty to the charge, entered a special plea of not guilty upon the ground of a former conviction for the same offense. The special plea was based on a *64conviction for the offense of disorderly conduct previously rendered in the same court.

On the assault trial defendant’s motion to dismiss the complaint on the ground of former conviction was denied. Thereafter the defendant offered in…