People v. Cobb

Appellate Division of the Supreme Court of New York

People v. Cobb

1 A.D.2d 877, 150 N.Y.S.2d 546, 1956 N.Y. App. Div. LEXIS 6028

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

DecidedMarch 20, 1956

StatusPublished

This text of 1 A.D.2d 877 (People v. Cobb) 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. Cobb, 1 A.D.2d 877, 150 N.Y.S.2d 546, 1956 N.Y. App. Div. LEXIS 6028 (N.Y. Ct. App. 1956).

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Opinion

Judgment reversed, the fine remitted and a new trial ordered. Defendant’s plea here should not be taken as a plea of “ Guilty ”. The application to withdraw the plea and plead “Not Guilty” should have been granted. Peck, P. J., Rabin and Bergan, JJ., concur; Breitel and Frank, JJ., dissent and vote to affirm on the ground that the record shows there was a sufficient plea of “ Guilty ”, for the defendant clearly indicated that he pleaded guilty to all but one of the specifications under the statute with which he was charged with violation.

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Judgment reversed, the fine remitted and a new trial ordered. Defendant’s plea here should not be taken as a plea of “ Guilty ”. The application to withdraw the plea and plead “Not Guilty” should have been granted. Peck, P. J., Rabin and Bergan, JJ., concur; Breitel and Frank, JJ., dissent and vote to affirm on the ground that the record shows there was a sufficient plea of “ Guilty ”, for the defendant clearly indicated that he pleaded guilty to all but one of the specifications under the statute with which he was charged with violation.

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Bluebook (online)

1 A.D.2d 877, 150 N.Y.S.2d 546, 1956 N.Y. App. Div. LEXIS 6028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cobb-nyappdiv-1956.