MATTER OF CAMPBELL v. PESCE


60 N.Y.2d 165 (1983)

In the Matter of Lawrence Campbell, Appellant, v. Michael Pesce, as Criminal Court Judge of City of New York, County of Kings, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Michele Maxian, Caesar D. Cirigliano and Bennett M. Lincoff for appellant.

Elizabeth Holtzman, District Attorney (Sarah G. Noll and Barbara D. Underwood of counsel), respondent pro se, and for Michael Pesce, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


KAYE, J.

After sentence has commenced, a court which has accepted a plea in violation of the Criminal Procedure Law may not vacate the illegal plea and reinstate the original charges.

Appellant was arraigned on a felony complaint charging first degree robbery and criminal use of a firearm in the first degree. According to the complaint, appellant, acting in concert with another person, "forcibly stole...

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