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  5. 32 N.Y.2d 697 (1973)
 

PEOPLE v. McCLAIN

32 N.Y.2d 697 (1973)

The People of the State of New York, Respondent, v. Arthur McClain, Appellant. The People of the State of New York, Respondent, v. Joseph King, Appellant.

Court of Appeals of the State of New York.

Reargued March 22, 1973.

Decided March 23, 1973.

Attorney(s) appearing for the Case

Charles Sibetta, Henrietta M. Wolfgang and Nathaniel A. Barrell for Arthur McClain, appellant.

Henrietta M. Wolfgang and Nathaniel A. Barrell for Joseph King, appellant.

Michael F. Dillon, District Attorney (Richard M. Mancuso and Marshall L. Goldstein of counsel), for respondent.

Chief Judge FULD and Judges BREITEL, JASEN, JONES and WACHTLER concur in Per Curiam opinion; Judge BURKE dissents and votes to affirm in a separate opinion; Judge MUNDER also dissents and votes to affirm in a separate opinion in which Judge BURKE concurs.

Per Curiam.

In each case the defendant on sentencing asserted his innocence of the crime to which he had only a short time before pleaded guilty. Under these circumstances, namely, where prompt application is made, "the court should be quick to offer the defendant an opportunity to withdraw his plea and at the very least conduct a hearing. Such opportunities offered will squelch the faker and protect the truly misguided ones".

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