Judgment and order reversed, on the law and as a matter of discretion in the interests of justice; and motion to withdraw plea of guilty granted.
In our opinion the County Court erred in denying the defendant's motion to withdraw his plea of guilty of murder in the second degree. Defendant's statement at the time of the plea did not spell out an essential element of that crime under section 1046 of the former Penal Law, namely, that he had intentionally committed...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.