People v. Miller

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered May 1, 1975, convicting him of assault in the second degree (two counts), upon a plea of guilty, and imposing sentence. *766Judgment affirmed (cf. People v Francis, 38 NY2d 150; People v Lord, 53 AD2d 650). Martuscello, Cohalan and Shapiro, JJ., concur; Damiani, J., dissents and votes to reverse the judgment, and remit the case to the County Court for further proceedings, in accordance with the following memorandum, in which Hopkins, Acting P. J., concurs: Defendant, while offering to plead guilty, never in fact…