PEOPLE v. DELANCY


48 N.Y.2d 972 (1979)

The People of the State of New York, Appellant, v. Michael Delancy, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1979.


Attorney(s) appearing for the Case

John R. King, District Attorney (Bridget R. Rahilly of counsel), for appellant.

Bruce Marc Tenenbaum for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN concurs in result.


MEMORANDUM.

The Appellate Division reversed the judgment, vacated the plea and remanded the case to the County Court for further proceedings. The sole ground for this decision was a finding that the answers elicited by the trial court from the defendant before the acceptance of his guilty plea were insufficient to establish that it was knowingly and voluntarily made. Notably, since the defendant did not object to the plea...

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