PEOPLE v. ROGERS


21 A.D.2d 812 (1964)

The People of the State of New York, Respondent, v. Joe Rogers, Appellant

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

June 15, 1964


Judgment reversed on the law and the facts; and defendant's motion to withdraw his plea of guilty and to substitute a plea of not guilty to the indictment, granted; and action remitted for trial.

At the time of sentence, but before the sentence was pronounced, defendant moved to withdraw his prior guilty plea. Under the circumstances here disclosed, it is our opinion that it was an improvident exercise of discretion to deny defendant's motion to withdraw his guilty...

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