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People v. Wright

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 2, 1972
40 A.D.2d 940 (N.Y. App. Div. 1972)

Opinion

November 2, 1972

Appeal from the Oswego County Court.

Present — Goldman, P.J., Marsh, Witmer, Gabrielli and Moule, JJ.


Judgment, insofar as it sentences defendant, unanimously reversed on the law and defendant remanded to Oswego County Court for resentencing, and otherwise judgment affirmed. Memorandum: Upon accepting defendant's plea of guilty, the court was not required to make further inquiry as to guilt since the record establishes that defendant understood the consequences of his plea and there was no claim of innocence. ( People v. Dixon, 29 N.Y.2d 55; People v. Nixon, 21 N.Y.2d 338; cf. People v. Beasley, 25 N.Y.2d 483.) However, the record discloses that the court failed to set forth its reasons for imposing a minimum sentence as mandated by section 70.00 (subd. 3, par. [b]) of the Penal Law. Accordingly, defendant should be resentenced.


Summaries of

People v. Wright

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 2, 1972
40 A.D.2d 940 (N.Y. App. Div. 1972)
Case details for

People v. Wright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST H. WRIGHT, JR.…

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

Date published: Nov 2, 1972

Citations

40 A.D.2d 940 (N.Y. App. Div. 1972)

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