PEOPLE v. PHIPPS


26 A.D.2d 822 (1966)

The People of the State of New York, Respondent, v. Robert E. Phipps, Appellant

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

October 10, 1966


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

Upon the arraignment for sentencing, but before sentence was pronounced, defendant protested his innocence and moved to withdraw his prior plea of guilty. There is no claim of prejudice by the People. Under the circumstances here present, we conclude that the denial of the application constituted...

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