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MATTER OF LOCKETT v. JUVILER

65 N.Y.2d 182 (1985)

In the Matter of Samuel Lockett, Respondent, v. Michael R. Juviler, as Justice of the Supreme Court, Kings County, et al., Respondents, and Elizabeth Holtzman, as District Attorney of Kings County, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Debra W. Petrover and Barbara D. Underwood of counsel), appellant, pro se.

Michael W. Warren for Samuel Lockett, respondent.

Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

Chief Judge WACHTLER.

The question on this appeal is whether a court which has accepted a special plea of "not responsible by reason of mental disease or defect" pursuant to CPL 220.15, may vacate the plea on application of the prosecutor on the ground that it was fraudulently obtained. The trial court granted the prosecutor's motion. In this proceeding the Appellate Division held that the court lacked the power...

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