PEOPLE v. KALTENBACH


60 N.Y.2d 797 (1983)

The People of the State of New York, Respondent, v. Kurt Kaltenbach, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1983.


Attorney(s) appearing for the Case

Allan D. Mantel and William Charles Herman for appellant.

Carl A. Vergari, District Attorney (Richard E. Weill, Gerald D. Reilly and Anthony J. Servino of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Term should be reversed and a new trial ordered.

Defendant was charged in a misdemeanor information with assault in the third degree for hitting his wife with a metal key chain. At arraignment, the court informed defendant of the charge against him and stated that it was a serious charge not to be taken lightly. Upon ascertaining that defendant had read a printed sheet setting...

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