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PEOPLE v. MOORE

66 N.Y.2d 1028 (1985)

The People of the State of New York, Appellant, v. Walter Moore, Respondent.

Court of Appeals of the State of New York.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Richard J. Arcara, District Attorney (Rosemarie A. Wyman of counsel), for appellant.

Carolyn Connors Balowitz and Rose H. Sconiers for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

It is well settled in this State that "a guilty plea, once withdrawn, `is out of the case forever and for all purposes'" (People v Droz, 39 N.Y.2d 457, 463, quoting People v Spitaleri, 9 N.Y.2d 168, 173; accord

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