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PEOPLE v. McGOWEN

42 N.Y.2d 905 (1977)

The People of the State of New York, Respondent, v. Larry Lawrence McGowen, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Milton M. Levin for appellant.

Eugene Gold, District Attorney (Steven T. Wax of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The defendant, with the aid of counsel, negotiated a plea and knowingly and intelligently pleaded guilty to assault in the first degree in full satisfaction of an indictment charging him with attempted murder, assault in the first degree and assault in the second degree. He was sentenced to five years' imprisonment.

The defendant claims that the plea should be vacated because the elements of the crime...

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