PEOPLE v. ROZZELL


20 N.Y.2d 712 (1967)

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

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

Gretchen White Oberman and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (William I. Siegel of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL concur in memorandum; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.


MEMORANDUM.

Defendant pleaded guilty to robbery, third degree, on October 1, 1963, after some preliminary discussion with the Judge as to his guilt or innocence. He was represented by counsel. Immediately after the plea, the Judge questioned defendant on the record at some length as to his participation in the crime, which defendant admitted. Prior to imposition of sentence on December 16, 1963, defendant moved to withdraw his plea of guilty on the ground he was not...

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