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People v. Romer

Court of Appeals of the State of New York
Dec 29, 1972
31 N.Y.2d 919 (N.Y. 1972)

Opinion

Argued December 6, 1972

Decided December 29, 1972

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD M. O'GORMAN, J.

Jerome S. Cohen, District Attorney ( Michael Schwartz and Lawrence X. Kennedy of counsel), for appellant.

Vincent M. Brennan for respondent.


MEMORANDUM. The order of the Appellate Division should be affirmed. Entry and acceptance of the defendant's plea of guilty to count three of the indictment in complete satisfaction thereof, constituted a disposition of the entire indictment. Thus, the County Court was without the power to entertain a further plea to that indictment absent a reinstatement thereof which could have been accomplished by permitting the defendant to withdraw his original plea of guilty to count three. (See, e.g., Code Crim. Pro., § 337; CPL 220.30, 220.60.)

Since the County Court improperly accepted the defendant's plea of guilty to the first count without allowing him to withdraw his original plea of guilty to the third count, the resentencing proceedings were invalid, and the case must be remanded to the County Court in accordance with the order of the Appellate Division.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Order affirmed in a memorandum.


Summaries of

People v. Romer

Court of Appeals of the State of New York
Dec 29, 1972
31 N.Y.2d 919 (N.Y. 1972)
Case details for

People v. Romer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH DAVID ROMER…

Court:Court of Appeals of the State of New York

Date published: Dec 29, 1972

Citations

31 N.Y.2d 919 (N.Y. 1972)
340 N.Y.S.2d 647
292 N.E.2d 789

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