PEOPLE v. DAVIS


38 A.D.2d 899 (1972)

The People of the State of New York, Respondent, v. Douglas Davis, Appellant

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

March 2, 1972


The colloquy between defendant and the court at the time of plea does not clearly establish whether defendant admitted guilt of manslaughter or murder in the second degree. On the day of sentence, defendant applied forthwith at the opening of proceedings for permission to withdraw the plea. The application was summarily denied. In the circumstances, there should have been a hearing on the subject of whether the facts admitted by the defendant were consonant with the degree...

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