People v. Chestnut

Appellate Division of the Supreme Court of New York

People v. Chestnut

30 A.D.2d 547, 292 N.Y.S.2d 823, 1968 N.Y. App. Div. LEXIS 4041

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 13, 1968

StatusPublished

This text of 30 A.D.2d 547 (People v. Chestnut) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chestnut, 30 A.D.2d 547, 292 N.Y.S.2d 823, 1968 N.Y. App. Div. LEXIS 4041 (N.Y. Ct. App. 1968).

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Opinion

Appeal from a judgment of the Supreme Court, Kings Comity, rendered June 22, 1967, convicting appellant of attempted robbery in the third degree, upon his guilty plea, and imposing sentence. Judgment reversed, on the law, and action remitted to the Criminal Term 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. No findings of fact have been considered on this appeal. Under the circumstances of the case the court below should hold a hearing and inquire fully into defendant’s reasons for desiring to withdraw his plea of guilty prior to sentencing (cf. People v. Ventimiglia, 29 A D 2d 949; People v. Burton, 28 A D 2d 686; People v. Borges, 28 A D 2d 735; People v. Klein, 26 A D 2d 559). We express no opinion as to the matter which may develop at the hearing. Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Appeal from a judgment of the Supreme Court, Kings Comity, rendered June 22, 1967, convicting appellant of attempted robbery in the third degree, upon his guilty plea, and imposing sentence. Judgment reversed, on the law, and action remitted to the Criminal Term 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. No findings of fact have been considered on this appeal. Under the circumstances of the case the court below should hold a hearing and inquire fully into defendant’s reasons for desiring to withdraw his plea of guilty prior to sentencing (cf. People v. Ventimiglia, 29 A D 2d 949; People v. Burton, 28 A D 2d 686; People v. Borges, 28 A D 2d 735; People v. Klein, 26 A D 2d 559). We express no opinion as to the matter which may develop at the hearing. Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

30 A.D.2d 547, 292 N.Y.S.2d 823, 1968 N.Y. App. Div. LEXIS 4041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chestnut-nyappdiv-1968.