PEOPLE v. SMITH


33 A.D.2d 688 (1969)

The People of the State of New York, Respondent, v. Edward J. Smith, Appellant

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

November 3, 1969


Judgment reversed, on the law, and case remitted to the County Court for the purposes of hearing defendant's motion to withdraw his plea of guilty and determining the motion de novo. The findings of fact below have not been considered.

The denial of the motion to withdraw the guilty plea was peremptory. Before denying the motion, the learned Trial Judge should have afforded defendant an opportunity to confer with counsel or should have inquired as to the purpose...

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