People v. Gary

Appellate Division of the Supreme Court of New York

People v. Gary

33 A.D.2d 781, 307 N.Y.S.2d 80, 1969 N.Y. App. Div. LEXIS 2671

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

DecidedDecember 8, 1969

StatusPublished

This text of 33 A.D.2d 781 (People v. Gary) 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. Gary, 33 A.D.2d 781, 307 N.Y.S.2d 80, 1969 N.Y. App. Div. LEXIS 2671 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 6, 1969, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law and the facts, plea vacated and ease remitted to said court for further proceedings in accordance herewith. Defendant’s recitation of the circumstances surrounding the commission of the crime to which he was pleading guilty, manslaughter in the first degree (the indictment having been for murder), did not clearly establish his guilt thereof. The trial court, therefore, should not have accepted the plea without inquiring further with regard to defendant’s story of the crime and whether or not he still wished to offer such a plea (People v. Serrano, 15 N Y 2d 304; People v. Valiente, 28 A D 2d 983; People v. Henriquez, 29 A D 2d 984; see, also, People v. Nixon, 21 N Y 2d 338, 344). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 6, 1969, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law and the facts, plea vacated and ease remitted to said court for further proceedings in accordance herewith. Defendant’s recitation of the circumstances surrounding the commission of the crime to which he was pleading guilty, manslaughter in the first degree (the indictment having been for murder), did not clearly establish his guilt thereof. The trial court, therefore, should not have accepted the plea without inquiring further with regard to defendant’s story of the crime and whether or not he still wished to offer such a plea (People v. Serrano, 15 N Y 2d 304; People v. Valiente, 28 A D 2d 983; People v. Henriquez, 29 A D 2d 984; see, also, People v. Nixon, 21 N Y 2d 338, 344). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

33 A.D.2d 781, 307 N.Y.S.2d 80, 1969 N.Y. App. Div. LEXIS 2671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gary-nyappdiv-1969.