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PEOPLE v. KENNEDY

22 N.Y.2d 280 (1968)

The People of the State of New York, Respondent, v. Leon Kennedy, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1968.

Attorney(s) appearing for the Case

S. S. Goldsmith for appellant.

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

Opinion by Chief Judge FULD. All concur, Judge BREITEL in result in an opinion in which Judge KEATING concurs, except Judge JASEN who dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.

Chief Judge FULD.

The defendant pleaded guilty to the crime of attempted manslaughter in the second degree in satisfaction of an indictment charging him with second degree murder. Prior to the imposition of sentence, he applied to the court for permission to withdraw his plea on the ground that he had not committed the crime and was innocent. In point of fact, he claimed that he had been arrested in Coney Island...

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