Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10 [1]). When County Court asked defendant during the allocution whether he committed the assault, defendant replied that he was drunk and did not remember what happened. Based upon...
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