PEOPLE v. DRAKE


25 A.D.2d 474 (1966)

The People of the State of New York, Respondent, v. Douglas E. Drake, Appellant

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

January 18, 1966


MEMORANDUM BY THE COURT.

Upon this appeal, defendant seeks review of the denial of a motion, made prior to the imposition of the resentence, to withdraw the plea of guilty entered on June 5, 1945, on the ground that he was mentally defective at the time the plea was entered. The question whether defendant was entitled to a hearing upon the issue raised by such motion has been rendered academic, a hearing upon that issue having been had on July 27, 1965, pursuant to...

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