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PEOPLE v. ALLEN

105 A.D.2d 608 (1984)

The People of the State of New York, Appellant, v. Kordresse Allen, Respondent

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

November 8, 1984

Defendant pleaded guilty to attempted robbery in the second degree on August 11, 1982 and the People filed a predicate felony statement asserting a 1971 conviction for attempted robbery in the third degree. Defendant controverted this statement and the court below, in a written decision, refused to credit the 1971 judgment, finding the plea allocution to be constitutionally defective within the strictures set forth in Boykin v Alabama (395 U.S. 238<...

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