People v. Phipps

Appellate Division of the Supreme Court of New York

People v. Phipps

26 A.D.2d 822, 273 N.Y.S.2d 838, 1966 N.Y. App. Div. LEXIS 3424

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

DecidedOctober 10, 1966

StatusPublished

This text of 26 A.D.2d 822 (People v. Phipps) 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. Phipps, 26 A.D.2d 822, 273 N.Y.S.2d 838, 1966 N.Y. App. Div. LEXIS 3424 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 11, 1965, convicting him of attempted violation of subdivision 3 of section 1751 of the Penal Law (felonious possession of narcotics), upon a plea of guilty, and imposing sentence upon him as a second felony offender. Judgment 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 for trial. Upon the arraignment for sentencing", but before sentence was pronounced, defendant protested his innocence and moved to withdraw his prior plea of guilty. There is no claim of prejudice by the People. Under the circumstances here present, we conclude that the denial of the application constituted an improvident exercise of discretion (People v. Serrano, 15 N Y 2d 304; People v. Di Alto, 24 A D. 2d 1023; People v. Parker, 24 A D 2d 610). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 11, 1965, convicting him of attempted violation of subdivision 3 of section 1751 of the Penal Law (felonious possession of narcotics), upon a plea of guilty, and imposing sentence upon him as a second felony offender. Judgment 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 for trial. Upon the arraignment for sentencing", but before sentence was pronounced, defendant protested his innocence and moved to withdraw his prior plea of guilty. There is no claim of prejudice by the People. Under the circumstances here present, we conclude that the denial of the application constituted an improvident exercise of discretion (People v. Serrano, 15 N Y 2d 304; People v. Di Alto, 24 A D. 2d 1023; People v. Parker, 24 A D 2d 610). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

26 A.D.2d 822, 273 N.Y.S.2d 838, 1966 N.Y. App. Div. LEXIS 3424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phipps-nyappdiv-1966.