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PEOPLE v. DIXON

29 N.Y.2d 55 (1971)

The People of the State of New York, Respondent, v. Richard Dixon, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Stephen Lee Crystal for appellant.

Frank S. Hogan, District Attorney (T. James Bryan, Michael R. Juviler and Lewis R. Friedman of counsel), for respondent.

Judges BURKE, SCILEPPI, BREITEL and JASEN concur in memorandum; Judge BERGAN dissents and votes to reverse in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.

MEMORANDUM.

Judgment affirmed. Defendant, having pleaded guilty with a codefendant to a reduced charge of assault in the second degree following a robbery, sought to withdraw his guilty plea. This case is distinguishable from People v. McKennion (27 N.Y.2d 671). In the latter case, we remitted for a hearing, following the denial of defendant's application to withdraw his plea of guilty...

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