PEOPLE v. COLON


77 A.D.2d 370 (1980)

The People of the State of New York, Respondent, v. Jorge Colon, Appellant

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

December 4, 1980


Attorney(s) appearing for the Case

Charles S. Lazarus for appellant.

Timothy McGinn of counsel (Mario Merola, District Attorney attorney), for respondent.

BIRNS, J. P., SULLIVAN and LYNCH, JJ., concur with SILVERMAN, J.; CARRO, J., dissents in a separate opinion.


SILVERMAN, J.

The sole issue on this appeal is whether there was such an infirmity in the plea as to require us on appeal to vacate the plea.

Defendant was indicted for the crimes of murder in the second degree and criminal possession of a weapon in the second degree. It was undisputed that he intentionally shot his victim four times causing the victim's death. A negotiated plea covering both counts of the indictment was accepted, under which...

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