PEOPLE v. MILLS


103 A.D.2d 379 (1984)

The People of the State of New York, Respondent, v. Chester Mills, Appellant

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

September 24, 1984


Attorney(s) appearing for the Case

Warren H. Richmond, III, for appellant.

Patrick Henry, District Attorney (Frances A. Sclafani of counsel), for respondent.

GIBBONS, J. P., and THOMPSON, J., concur with WEINSTEIN, J.; BROWN, J., concurs in the result.


WEINSTEIN, J.

The instant appeal poses the question of whether Criminal Term erred in conducting a nonjury trial on a stipulated set of incriminating facts without having first inquired of defendant whether he had knowingly and intelligently agreed to the stipulation which, defendant alleges, was tantamount to a guilty plea with respect to the charges of which he was ultimately convicted. Assuming, without actually concluding that the underlying stipulation...

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