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PEOPLE v. JOHNSON

33 A.D.2d 573 (1969)

The People of the State of New York, Respondent, v. Alvin James Johnson, Appellant

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

October 20, 1969

Judgment reversed, on the law, and case remanded to the Criminal Term for repleading.

In our opinion, the plea of guilty was not properly accepted. When defendant was asked, prior to the acceptance of his plea, whether he was pleading guilty because he was guilty he answered, in essence, that he was entering the plea only because that was the only way he could obtain hospital treatment for his narcotic addiction. No effort...

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