Judgment unanimously reversed, on the law, and new trial granted.
Memorandum:
Defendant was deprived of his right to testify because of the court's erroneous ruling that statements made by the defendant as a basis for a plea of guilty which was later withdrawn could be used for purposes of impeachment at trial. Once a guilty plea has been withdrawn, it ceases to be evidence and "is out of the case forever and for all purposes" (People v Spitaleri, ...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
