People v. Guin

Appellate Division of the Supreme Court of New York

People v. Guin

27 A.D.2d 852, 280 N.Y.S.2d 908, 1967 N.Y. App. Div. LEXIS 4600

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

DecidedMarch 20, 1967

StatusPublished

This text of 27 A.D.2d 852 (People v. Guin) 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. Guin, 27 A.D.2d 852, 280 N.Y.S.2d 908, 1967 N.Y. App. Div. LEXIS 4600 (N.Y. Ct. App. 1967).

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Opinion

Judgment of the Supreme Court, Kings County, rendered January 7, 1966, convicting defendant of assault in the third degree, on his plea of guilty, reversed, on the law and the facts; defendant’s motion to withdraw his plea of guilty and to substitute a plea of not guilty granted; and action remanded to the court below for trial. Under the circumstances here present and upon the concession by the District Attorney, it is our opinion that the acceptance of the guilty plea was improper (People v. Serrano, 15 N Y 2d 304; People v. Shipman, 14 N Y 2d 883) and that the denial of the application to withdraw the plea of guilty constituted an improvident exercise of discretion (People v. Phipps, 26 A D 2d 822). Beldock, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

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Judgment of the Supreme Court, Kings County, rendered January 7, 1966, convicting defendant of assault in the third degree, on his plea of guilty, reversed, on the law and the facts; defendant’s motion to withdraw his plea of guilty and to substitute a plea of not guilty granted; and action remanded to the court below for trial. Under the circumstances here present and upon the concession by the District Attorney, it is our opinion that the acceptance of the guilty plea was improper (People v. Serrano, 15 N Y 2d 304; People v. Shipman, 14 N Y 2d 883) and that the denial of the application to withdraw the plea of guilty constituted an improvident exercise of discretion (People v. Phipps, 26 A D 2d 822). Beldock, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 852, 280 N.Y.S.2d 908, 1967 N.Y. App. Div. LEXIS 4600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guin-nyappdiv-1967.