(Download) "People State New York v. Michael Vignera" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Michael Vignera
- Author : Supreme Court of New York
- Release Date : January 08, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 24, 1966, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, and case remitted to the trial court for the purpose of (a) holding a hearing upon defendant's motion to withdraw his plea of guilty, and (b) making a determination thereon de novo and (c) further proceedings not inconsistent herewith. No questions of fact were considered on this appeal. In our opinion, the denial of defendant's motion to withdraw his plea of guilty was an improvident exercise of discretion (People v. Phipps, 26 A.D.2d 822; People v. Parker, 24 A.D.2d 610). When a defendant repeatedly asserts his innocence, the trial court is required to exercise an informed discretion (People v. Klein, 26 A.D.2d 559). Under the circumstances at bar, it was error for the trial court to peremptorily terminate the hearing. Defendant's other contention, that the trial court lacked jurisdiction through all stages of the proceedings (Code Crim. Pro., §§ 547, 548, 549; CPLR 5524), is not properly before us. Evidence dehors the record is not admissible in an appellate court for the purpose of reversing a judgment (Dunham v. Townshend, 118 N. Y. 281). Beldock, P.J., Christ, Brennan and Benjamin, JJ., concur; Munder, J., concurs for reversal of the judgment, but dissents from the remission of the case for a hearing and votes (1) to grant defendant's motion to withdraw his plea of guilty and (2) to reinstate the indictment, with the following
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