In 1959 appellant, who had been indicted for felony murder in the first degree (former Penal Law, § 1044, subd. 2), was permitted, at the request of his assigned counsel, to withdraw his plea of not guilty to the indictment and to enter a plea of guilty to murder in the second degree (former Penal Law, § 1046) which was accepted. Appellant urges that it was improper to accept his plea to a crime requiring the element of intent for...
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