PEOPLE v. SABARI


280 A.D.2d 942 (2001)

720 N.Y.S.2d 864

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL SABARI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 7, 2001.


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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