PEOPLE v. AMOS


21 A.D.2d 80 (1964)

The People of the State of New York, Respondent, v. Elroy Amos, Appellant

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

April 10, 1964.


Attorney(s) appearing for the Case

Richard C. Mitchell for appellant.

John R. Murray, District Attorney (Thomas A. McCarthy of counsel), for respondent.

BASTOW, J. P., HENRY, NOONAN and DEL VECCHIO, JJ., concur.


GOLDMAN, J.

Defendant attacks a 1939 judgment of conviction for burglary, third, and petit larceny. He pleaded guilty under circumstances which require that he be returned to the County Court for resentence and that he be given an opportunity to withdraw his plea, if he should desire to do so.

The record indicates that when arraigned, the defendant was assigned counsel and entered a plea of not guilty...

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