People v. Jackson

54 A.D.2d 1132, 389 N.Y.S.2d 77, 1976 N.Y. App. Div. LEXIS 15125

Opinion

Decision reserved, case held and matter remitted to Erie County Court for further proceedings in accordance with memorandum: At the time defendant pleaded guilty to a reduced charge of manslaughter in the first degree, defendant admitted that he had "shot somebody” but asserted that his actions were in self-defense. This assertion should have triggered a further inquiry by the trial court as to the circumstances surrounding the commission of the crime and the availability of any defenses. (People v Serrano, 15 NY2d 304.) Such an inquiry was necessary to determine whether defendant’s plea was voluntarily and knowingly made (see People v Selikoff, 35 NY2d 227; People v Nixon, 21 NY2d 338). (Appeal from judgment of Erie County Court—manslaughter, first degree.) Present— Marsh, P. J., Moule, Cardamone, Simons and Goldman JJ.