PEOPLE v. VAN DYNE


12 A.D.3d 120 (2004)

784 N.Y.S.2d 795

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID VAN DYNE, Appellant.

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

November 19, 2004.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Drew R. Du Brin of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.

PIGOTT, JR., P.J., GREEN and HURLBUTT, JJ., concur.


OPINION OF THE COURT

PINE, J.

On appeal from a judgment convicting him, upon a plea of guilty, of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]), defendant contends, inter alia, that reversal is required because his plea lacked statutory authorization. For the reasons that follow, we agree and conclude that the judgment should be reversed.

II

Defendant was indicted by the grand...

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