PEOPLE v. WILLINGHAM

Motion No: 571033/12.

101 A.D.3d 979 (2012)

956 N.Y.S.2d 165

2012 NY Slip Op 8712

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD WILLINGHAM, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 19, 2012.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new hearing and a new determination in accordance herewith.

On December 2, 1991, the defendant was convicted, upon his plea of guilty, of robbery in the first degree (two counts) (see Penal Law § 160.15 [4]) and attempted rape in the first degree (see Penal Law §§ 110.00, 130.35 [1]; see...

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