People v. John W. D.

Appeal from a judgment of the Albany County Court, rendered December 1, 1976, which adjudged appellant a youthful offender. As a result *627of a June 12, 1976 fist fight in the course of appellant’s arrest for a traffic infraction, appellant was indicted on June 24, 1976 for assault in the second degree (Penal Law, § 120.05, subd 3) and resisting arrest (Penal Law, § 205.30). After negotiations between his retained counsel and the District Attorney, the 18-year-old appellant appeared in Albany County Court on November 8, 1976 to plead guilty to the assault charge in satisfaction of the…