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PEOPLE v. LILLIS

33 N.Y.2d 829 (1973)

The People of the State of New York, Respondent, v. Maurice Patrick Lillis, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1973.

Attorney(s) appearing for the Case

Robert G. Hurlbutt for appellant.

Eugene F. Sullivan, Jr., District Attorney (Robert J. Nicholson of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, JASEN, JONES and WACHTLER. Dissent: Judge BREITEL. Taking no part: Judge GABRIELLI.

Orders affirmed. No opinion.

Judge BREITEL dissents and votes to reverse and remit for a hearing in the following memorandum: In view of counsel's statement to the court at the time of the taking of the plea that defendant had been hallucinating within the last month, the court was not entitled to rely on its own layman interrogation of the defendant and accept the plausibility of defendant...

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