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PEOPLE v. FOSTER

19 N.Y.2d 150 (1967)

The People of the State of New York, Respondent, v. William Foster, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1967.

Attorney(s) appearing for the Case

Frederick J. Ludwig and Simon Klein for appellant.

Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN and KEATING concur; Judge BREITEL taking no part.

SCILEPPI, J.

Defendant was charged with manslaughter in the first degree (Penal Law, § 1050) for the killing of one Thomas Hicks. Defendant was permitted to withdraw his original plea of not guilty and plead guilty to attempted manslaughter in the second degree.

On this appeal, defendant's principal argument is that he pleaded guilty to a nonexistent crime; therefore, his plea of guilty to such a...

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