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PEOPLE v. WALTON

41 N.Y.2d 880 (1977)

The People of the State of New York, Appellant, v. Bertrand Walton, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Gerard Loughran, Peter L. Zimroth and Amelia C. Anzalone of counsel), for appellant.

Morrell I. Berkowitz and William E. Hellerstein for respondent.

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

MEMORANDUM.

Order of the Appellate Division, insofar as it dismissed the inclusory concurrent counts, reversed, the inclusory concurrent counts reinstated, and the matter remitted to the Appellate Division for consideration of the facts.

CPL 220.10 provides "[e]xcept as provided in subdivision five, the defendant may as a matter of right enter a plea of `guilty' to the entire indictment" (subd 2). Subdivision 5 of the section is not applicable. The balance...

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