People v. Herne

Appeal from a judgment of the Supreme Court (Plumadore, J.), rendered May 10, 2001 in Franklin County, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant was charged in an indictment alleging the crimes of sexual abuse in the first degree, assault in the second degree, unlawful imprisonment in the second degree, attempted rape in the first degree and intimidating a witness in the third degree. Represented by an attorney, defendant entered a plea of not guilty on April 7, 2000. Thereafter, on November 13, 2000, his attorney, citing defendant’s…