PEOPLE v. TERRY


42 A.D.2d 974 (1973)

The People of the State of New York, Respondent, v. Alvin Mark Terry, Appellant

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

October 15, 1973


Judgments reversed, on the law and in the exercise of discretion, and cases remanded to the Criminal Term for the purpose of (a) holding a hearing upon defendant's application to withdraw his pleas of guilty and (b) making a determination thereon de novo.

Under the facts and circumstances of this case and in light of the recent decision in People v. McClain (32 N.Y.2d 697), we feel it was an abuse of discretion to...

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