PEOPLE v. TOWNES


41 N.Y.2d 97 (1976)

The People of the State of New York, Respondent, v. Leon Townes, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1976.


Attorney(s) appearing for the Case

Jonathon D. Warner and William E. Hellerstein, New York City, for appellant.

Robert M. Morgenthau, District Attorney (Edward Agnew McDonald, Peter L. Zimroth and Robert M. Pitler of counsel), New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN concurs in a separate opinion.


WACHTLER, J.

After pleading guilty the defendant was convicted of possession of a weapon as a felony (Penal Law, former § 265.05) and of resisting arrest. Thereafter, when he appeared for sentencing he sought to withdraw his guilty plea. The application was denied and he was sentenced to an indeterminate prison term of up to seven years on the weapons charge and to an unconditional discharge on the charge...

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