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November 21, 2009

Conviction in beating case upheld

By SUE BOTSFORD

DID YOU KNOW?


You can now view Calendars of Events for today and upcoming weeks? A complete and up-to-date list of local events is now available on every section of PressRepublican.com.

PLATTSBURGH — An assault and weapons conviction in Clinton County Court has been upheld.

Patrick S. Miller Sr., 41, was convicted in October 2006 after pleading to second-degree assault, two counts of third-degree criminal possession of a weapon, second-degree menacing and second-degree unlawful imprisonment.

According to the ruling of the Appellate Division of the State Supreme Court, Miller pleaded guilty to all counts in connection with an altercation involving his ex-wife in exchange for a commitment that any prison terms imposed would run concurrently.

He was sentenced, as a second-felony offender, to six years in prison followed by five years of post-release supervision.

Any claim that his plea was involuntary is at odds with his plea allocution when he said he had sufficient time to confer with his attorney and was satisfied with his attorney's efforts on his behalf.

The appeals court also said his sentence was not excessive.

Miller was convicted for hitting his ex-wife in the face with a chukka stick, holding a switchblade to her neck and confining her to a bathroom for a period of time, putting her in fear of being harmed and seriously injured.

When imposing the sentence, Judge Timothy Lawliss said Miller did not accept full responsibility for what he did and did not show any signs of regret.

Miller had been convicted of another felony a month before the attack and had just begun serving probation.

According to Department of Corrections records, Miller is serving his time at Arthurkill Correctional Facility on Staten Island. He is eligible for parole in November 2011.

E-mail Sue Botsford at: botsford@westelcom.com

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