People v. Wheeler

Defendant was indicted for the crime of assault in the second degree in violation of subdivision 3 of section 120.05 of the revised Penal Law, commonly referred to as an assault upon a peace officer. A jury trial was waived, *826and the evidence was presented before the writer sitting as trier of both facts and the law.

The evidence has established beyond a reasonable doubt the following:

On the 8th day of November, 1968, defendant was sentenced to a term of confinement, following his conviction on an unrelated charge, in Chemung County Court. He was remanded to the custody of the Chemung County…