PEOPLE v. MIDDLETON


158 Misc.2d 157 (1993)

599 N.Y.S.2d 460

The People of the State of New York, Plaintiff, v. Edward Middleton, Defendant.

Supreme Court, New York County.

June 4, 1993


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Joanne Dwyer of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Robert H. Silbering and Steven Nachman of counsel), for plaintiff.


HAROLD BEELER, J.

The principal question presented in this predicate felony challenge is whether a court, before accepting a guilty plea from a defendant who states he was "kind of high" at the time of the crime must, as a matter of law, advise the defendant of the intoxication defense and secure from the defendant a knowing waiver of such defense.

Defendant herein, following his plea of guilty to criminal...

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