PEOPLE v. BERG


200 Misc. 203 (1951)

The People of the State of New York, Respondent, v. Vincent Berg, Appellant.

Court of Special Sessions of the City of New York, Appellate Part, First Department.

July 6, 1951.


Attorney(s) appearing for the Case

Samuel Bierman for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning of counsel), for respondent.

LOSCALZO, J., concurs; PERLMAN, J., taking no part.


OLIVER, J.

This judgment should be reversed. The defendant pleaded guilty. I vote to set aside the plea of guilty and to refer the case for trial before a Magistrate.

The minutes of the plea show that after a court attendant in the presence of the Magistrate read the charge to the defendant he also informed the defendant of his rights in the following uninterrupted language: "You may communicate with...

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