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PEOPLE v. CLUTE

25 A.D.2d 575 (1966)

The People of the State of New York, Respondent, v. David Clute, Appellant

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

February 8, 1966

MEMORANDUM BY THE COURT.

Upon appeal the defendant has limited the issue to the claim that he was "enticed to enter a plea of guilty" — a contention which seems not to have been urged in the court below. It is now rationalized that the trial court's recommendation that defendant receive rehabilitative treatment in the Dannemora State Hospital was the inducement for his plea of guilty and that the failure of the public...

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