PEOPLE v. CASTRO


37 N.Y.2d 818 (1975)

The People of the State of New York, Respondent, v. Miguel Castro, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1975.


Attorney(s) appearing for the Case

Martin B. Adelman for appellant.

Robert M. Morgenthau, District Attorney (Robert K. Hood, Peter L. Zimroth, Robert M. Pitler and Karl Savryn of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division affirmed.

The so-called colloquy by the trial court with defendant upon taking his plea of guilty during the trial justified the plea on any possible theory. The reference to defendant not realizing that he had used a great degree of force is ambiguous whether it referred to the fatal beating or prior beatings. The reference to defendant's asserted lack of intent evidently...

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