PEOPLE EX REL. SOSTRE v. JACKSON


8 A.D.2d 557 (1959)

The People of the State of New York ex rel. Martin Sostre, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 1959


The petition and supporting papers indicate that the County Court of Bronx County purportedly accepted relator's plea of guilty to the lesser of two counts of an indictment and, this being ineffective in the absence of a recommendation by the District Attorney (Code Crim. Pro., § 342-a; Matter of McDonald v. Sobel, 272 App. Div. 455, affd. 297 N.Y. 679), and sentence not having been imposed, that relator withdrew that plea and thereupon pleaded guilty to the major...

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