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PEOPLE v. CHERRY

59 A.D.2d 722 (1977)

The People of the State of New York, Respondent, v. Gary Cherry, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 11, 1977

Judgment affirmed.

When, during pretrial proceedings, the defendant-appellant sought to withdraw his plea of not guilty and substitute a guilty plea, the trial court, before accepting the plea, properly made inquiry as to the circumstances of the charged crimes, rather than allowing "the mere mouthing of the word `guilty'" (see People v Serrano, 15 N.Y.2d 304, 308). Although the defendant did not specifically admit, nor was...

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