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PEOPLE v. CAMPANA

33 N.Y.2d 538 (1973)

The People of the State of New York, Respondent, v. Sean Patrick Campana, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Charles M. Schutzman for appellant.

George J. Aspland, District Attorney (Joseph R. Mule of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER. Judge JASEN dissents and votes to affirm in the following opinion.

Order reversed on the dissenting opinion at the Appellate Division and the case remitted to Suffolk County Court with directions to permit defendant to withdraw his plea of guilty and to proceed to trial, if he so desires.

JASEN, J. (dissenting).

On September 7, 1971, defendant was indicted for the crimes of burglary in the third degree and petit larceny. Had the defendant gone to trial and been convicted...

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