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PEOPLE v. McKENNION

27 N.Y.2d 671 (1970)

The People of the State of New York, Respondent, v. Robert McKennion, Also Known as Robert McKinnon, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Carl D. Bernstein for appellant.

Frank S. Hogan, District Attorney (David L. Levinson and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON concur in memorandum; Judge SCILEPPI dissents and votes to affirm in an opinion in which Judge JASEN concurs.

MEMORANDUM.

Judgment reversed and the case remitted to the Supreme Court, New York County, for a hearing to determine appellant's application to withdraw his plea of guilty. Where, after a plea of guilty has been entered, and before sentence, defendant states to the court he is not guilty, or that he believes he is not guilty, the rule has developed that the court should not, except...

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