People v. Miner

Appeal from a judgment of the County Court of Essex County (Garvey, J.), rendered March 20, 1989, upon a verdict convicting defendant of the crimes of attempted rape in the first degree and assault in the third degree.

Defendant was arrested during the early morning hours of February 15, 1988 on the basis of felony complaints charging him with rape, burglary and sodomy. The charges stemmed from an altercation between defendant and his estranged wife (hereinafter the victim) which had occurred the prior evening. According to the victim, defendant forced his way into her home, assaulted her,…