PEOPLE v. HOWE


56 N.Y.2d 622 (1982)

The People of the State of New York, Appellant, v. Daniel M. Howe, Respondent.

Court of Appeals of the State of New York.

Decided April 6, 1982.


Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando of counsel), for appellant.

George T. Dunn for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, judgment of conviction reinstated and case remitted to the Appellate Division, Fourth Department. That court may, in the exercise of its exclusive interests of justice review power, consider any other fact questions concerning the plea, if any (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]). By his plea of guilty defendant forfeited his claim...

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