(Download) "People State New York v. James Miller" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. James Miller
- Author : Court of Appeals of New York
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[42 N.Y.2d 946 Page 946] Memorandum. The order of the Appellate Division is affirmed. Defendant, charged in an indictment with three counts of assault committed upon two corrections officers, was convicted upon his plea of guilty of two counts, in full satisfaction of the indictment. Before accepting the bargained for plea, the court was careful to elicit the details of the crime from the defendant himself. The defendant told the court that, when incarcerated at Green Haven Correctional Facility, he was approached by a guard who explained that he was sent to inspect the prisoner's cell for contraband and also to search the prisoner personally. The defendant balked at the personal search and when the guard persisted, defendant, stating he thought he might be assaulted, struck the guard with a stool. After learning of the purported assault by the guard, which in fact never occurred, the court admonished the defendant, if you're using just the amount of force that you can lawfully use to repel an attack, I don't want you to plead guilty to an assault crime; to which defendant responded that if I don't plead guilty and I go to trial I will be convicted [42 N.Y.2d 946 Page 947]
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