Detective says defendant claims Norwich stabbing was done in self defense
NORWICH – A Morris man who allegedly stabbed another person in the Town of Norwich appeared in Chenango County Court on Monday and began hearing evidence that the prosecution has against him including his own statement where he claims that if he did stab him then it was in self defense.
Philip A. Cuda, 46, of Morris, is charged with first-degree assault, a class B felony, and two counts of second-degree assault, a class D felony.
Cuda refused a reduced plea deal Monday and maintained his innocence.
Allegedly, on May 28, 2018, in the Town of Norwich, Cuda caused serious physical injuries to a victim by stabbing the victim in the stomach and the back with a knife; resulting in the victim undergoing emergency surgery at UHS Wilson Medical Center.
In court on Monday Cuda was offered a plea for second-degree assault with five years in prison followed by five years of probation.
According to Chenango County Court Judge Frank Revoir Jr., 8 to 25 years in prison followed by five years of probation is the max he could receive if convicted on his first-degree assault charge.
Cuda refused the plea and then Chenango County District Attorney Michael Ferrarese entered Cuda's knife into evidence, with the defense agreeing the knife belonged to him.
Ferrarese then called two detectives from the Chenango County Sheriff's Office to the stand.
Chenango County Sheriff's Office Detective John Fern took the stand first and discussed the case, how he became aware of the incident, and his interview with Cuda.
"I was contacted by another sergeant who informed me that there had been a stabbing," said Fern. "I responded to the sheriff's office and had an opportunity to speak to the defendant at that time."
A recording of the interview was entered into evidence, along with written statements from the defendant.
"He stated that he went to a residence to buy some marijuana," said Fern. "He said he recognized a person at the residence as someone he had hostilities with, but before he could get off his bike, the individual was hitting him."
He said Cuda told him he doesn't remember stabbing the victim, but if he did stab the victim it was in self defense.
Chenango County Sheriff's Office Detective Chad O'Hara also took the stand next and discussed the evidence they took off of the defendant with his permission.
O'Hara said he collected pants, two shirts, and boots from Cuda while he was at the sheriff's office.
According to statements made by former District Attorney Joseph McBride at the time the incident occurred, the alleged attack could have killed the victim.
“There is an allegation that Mr. Cuda stabbed someone and caused serious physical injury, which means it’s alleged the victim could have died or had significant impairment of his health,” said McBride. “And so it was not just a flesh wound, for lack of a better term; the allegation is that the wound that the victim received could have, in fact, killed him.”
Philip A. Cuda, 46, of Morris, is charged with first-degree assault, a class B felony, and two counts of second-degree assault, a class D felony.
Cuda refused a reduced plea deal Monday and maintained his innocence.
Allegedly, on May 28, 2018, in the Town of Norwich, Cuda caused serious physical injuries to a victim by stabbing the victim in the stomach and the back with a knife; resulting in the victim undergoing emergency surgery at UHS Wilson Medical Center.
In court on Monday Cuda was offered a plea for second-degree assault with five years in prison followed by five years of probation.
According to Chenango County Court Judge Frank Revoir Jr., 8 to 25 years in prison followed by five years of probation is the max he could receive if convicted on his first-degree assault charge.
Cuda refused the plea and then Chenango County District Attorney Michael Ferrarese entered Cuda's knife into evidence, with the defense agreeing the knife belonged to him.
Ferrarese then called two detectives from the Chenango County Sheriff's Office to the stand.
Chenango County Sheriff's Office Detective John Fern took the stand first and discussed the case, how he became aware of the incident, and his interview with Cuda.
"I was contacted by another sergeant who informed me that there had been a stabbing," said Fern. "I responded to the sheriff's office and had an opportunity to speak to the defendant at that time."
A recording of the interview was entered into evidence, along with written statements from the defendant.
"He stated that he went to a residence to buy some marijuana," said Fern. "He said he recognized a person at the residence as someone he had hostilities with, but before he could get off his bike, the individual was hitting him."
He said Cuda told him he doesn't remember stabbing the victim, but if he did stab the victim it was in self defense.
Chenango County Sheriff's Office Detective Chad O'Hara also took the stand next and discussed the evidence they took off of the defendant with his permission.
O'Hara said he collected pants, two shirts, and boots from Cuda while he was at the sheriff's office.
According to statements made by former District Attorney Joseph McBride at the time the incident occurred, the alleged attack could have killed the victim.
“There is an allegation that Mr. Cuda stabbed someone and caused serious physical injury, which means it’s alleged the victim could have died or had significant impairment of his health,” said McBride. “And so it was not just a flesh wound, for lack of a better term; the allegation is that the wound that the victim received could have, in fact, killed him.”
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