COMMONWEALTH v. DeARCO


387 Mass. 481 (1982)

440 N.E.2d 1282

COMMONWEALTH vs. MICHAEL DeARCO, JR.

Supreme Judicial Court of Massachusetts, Essex.

October 18, 1982.


Attorney(s) appearing for the Case

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Lawrence J. McGuire for the defendant.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

The Commonwealth claims that the judge erred in granting the defendant's motion to withdraw his plea of guilty one week after the plea was accepted and a sentence imposed. We agree.

Once accepted, "[a] plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction.... More is not required; the court has nothing to do but give judgment and sentence." Machibroda v. United States...

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