People v. Papo

Appellate Division of the Supreme Court of New York

People v. Papo

80 A.D.2d 623, 436 N.Y.S.2d 65, 1981 N.Y. App. Div. LEXIS 10318

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1981·Published·Cited by 2 cases

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 4, 1979, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. .Defendant was charged with the stabbing death of a fellow employee during an altercation at work. He originally entered a plea of guilty to the indictment, but the plea was subsequently withdrawn. At trial, the defendant was cross-examined with respect to statements made by him during the plea. This was error. It is well settled that a guilty plea, once withdrawn, “is out of the case forever and for all purposes” (see People v Spitaleri, 9 NY2d 168, 173; see, also, People v Droz, 39 NY2d 457; People v Burd, 18 NY2d 447). The fact that this error occurred on defendant’s cross-examination, rather than on the prosecutor’s direct case, is of no legal significance (see People v Heffron, 59 AD2d 263). Damiani, J.P., Gibbons, Margett and Thompson, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 4, 1979, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. .Defendant was charged with the stabbing death of a fellow employee during an altercation at work. He originally entered a plea of guilty to the indictment, but the plea was subsequently withdrawn. At trial, the defendant was cross-examined with respect to statements made by him during the plea. This was error. It is well settled that a guilty plea, once withdrawn, “is out of the case forever and for all purposes” (see People v Spitaleri, 9 NY2d 168, 173; see, also, People v Droz, 39 NY2d 457; People v Burd, 18 NY2d 447). The fact that this error occurred on defendant’s cross-examination, rather than on the prosecutor’s direct case, is of no legal significance (see People v Heffron, 59 AD2d 263). Damiani, J.P., Gibbons, Margett and Thompson, JJ., concur.

People v. Papo, 80 A.D.2d 623, 436 N.Y.S.2d 65, 1981 N.Y. App. Div. LEXIS 10318 (N.Y. Ct. App. 1981).

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