Judgment unanimously reversed on the law, plea vacated and defendant remanded to Supreme Court, Erie County, for further proceedings on the indictment.
Memorandum:
Defendant was convicted, upon his guilty plea, of attempted murder in the first degree. During the plea allocution, defendant insisted that he did not point a gun at a police officer and that, when he first saw the officer, he threw the gun to the ground, causing it to fire accidentally. Once defendant...
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