Opinion
January 28, 1971
Judgment, Supreme Court, New York County, rendered on May 5, 1969, convicting defendant, upon his plea of guilty, of attempted manslaughter in the second degree, unanimously reversed, on the law, judgment vacated and the matter remanded for further proceedings, in accordance herewith. The minutes of the proceedings, conducted at the time the defendant's plea of guilty to attempted manslaughter was taken, clearly show that, on the defendant's own statement, the court should have been alerted to the insufficiency of the guilty plea. The statement of the defendant that what happened was not his fault, that he was sleeping on the couch and the deceased "fight with me", should have indicated to the court that the defendant was not willingly entering his plea with an understanding that he was actually guilty. The plea should have been refused and a trial ordered, or "more appropriately, to advise the defendant that his admissions did not necessarily establish guilt of the crime to which he was pleading and to question him further both with regard to his story of the crime and as to the possible disposition of his request to change his plea". ( People v. Serrano, 15 N.Y.2d 304, 309-310.) In the last cited case, at page 308 of the opinion, the court also said: "where, as is the usual case today, the trial court, before accepting the plea of guilty, properly inquires of the defendant as to the circumstances and details of the crime to which he is admitting his guilt, the mere mouthing of the word `guilty' may not be relied upon to establish all the elements of that crime." (Also see: People v. Seaton, 19 N.Y.2d 404; People v. Beasley, 25 N.Y.2d 483.) Under the circumstances of this case justice requires that the conviction be vacated and the case be remanded to permit the defendant to replead to the indictment.
Concur — Stevens, P.J., Capozzoli, McGivern, Nunez and Macken, JJ.