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People v. Morales

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1962
17 A.D.2d 999 (N.Y. App. Div. 1962)

Summary

In People v. Morales (17 A.D.2d 999) the court, in an analogous situation, said: "Moreover, a Judge should not allow a plea to stand without some further inquiry and resolution of the conflict when at the same time a defendant has entered a plea of guilty he states in answer to the statutory question as to why sentence should not be pronounced that he is `not guilty'."

Summary of this case from People v. Serrano

Opinion

November 21, 1962


Appeal from a judgment entered upon a plea of guilty to assault in the second degree, in County Court, Clinton County. On this appeal from a judgment of conviction for assault in the second degree entered in Clinton County Court upon defendant's plea of guilty to that crime, the record shows that the Judge made this statement on December 1, 1961 when the plea was taken: "The court will accept plea of guilty to assault second degree, the third count of indictment 34, to cover the entire indictment, provided the plea is not changed nor withdrawn. If it is, then the counts of the indictment will be back in status quo." The Clerk's minutes also show that the court accepted the plea "providing the plea is not withdrawn or changed". The record of questions and answers in the statement taken in court after the plea of guilty contains this: "Have you any legal or other reason why sentence should not be pronounced upon you by the Court?" Defendant's answer was "Not guilty of charges as stated in indictment." On December 28 defendant's attorney moved for permission to change his plea. This motion was denied without comment by the court. In our opinion the motion should have been granted. The statement by the Judge on December 1 that the plea was accepted "provided" it was not changed and adding that "if it is" the indictment "will be back in status quo" was a clear implication that the plea could be withdrawn with certain predetermined consequences. Moreover, a Judge should not allow a plea to stand without some further inquiry and resolution of the conflict when at the same time a defendant has entered a plea of guilty he states in answer to the statutory question as to why sentence should not be pronounced that he is "not guilty". Judgment reversed and motion to withdraw plea granted. Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1962
17 A.D.2d 999 (N.Y. App. Div. 1962)

In People v. Morales (17 A.D.2d 999) the court, in an analogous situation, said: "Moreover, a Judge should not allow a plea to stand without some further inquiry and resolution of the conflict when at the same time a defendant has entered a plea of guilty he states in answer to the statutory question as to why sentence should not be pronounced that he is `not guilty'."

Summary of this case from People v. Serrano
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARLEN MICHAEL MORALES…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 21, 1962

Citations

17 A.D.2d 999 (N.Y. App. Div. 1962)

Citing Cases

People v. Serrano

A somewhat analogous situation was recently presented in People v. Shipman ( 14 N.Y.2d 883), in which this…

People v. Williams

At least, defendants showed an arguable ground for withdrawal of their pleas; and summary disposition was not…