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PEOPLE v. CODARRE

10 N.Y.2d 361 (1961)

The People of the State of New York, Respondent, v. Edwin Codarre, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1961.

Attorney(s) appearing for the Case

O. John Rogge and Rowland Watts for appellant.

Raymond C. Baratta, District Attorney (Eugene F. Frink of counsel), for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion.

Chief Judge DESMOND.

In November, 1943 defendant, then 13 years old, went to trial on an indictment charging him with murder in the first degree. After the trial had continued for several days and the People had rested their case, defendant withdrew his former plea of not guilty and was allowed to plead guilty to murder in the second degree. He received and is now serving a sentence of 30 years to life, and we...

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