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eBook details

• Title: People State New York v. Warren G. Moore
• Author : Supreme Court of New York
• Release Date : January 19, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellant's contention that the court improperly accepted his guilty plea is unfounded. The record indicates that in response
to questioning by the court, appellant stated that he wished to change his original plea of not guilty, and that he was doing
so of his own free will and in the absence of any threats or promises. Appellant was represented by counsel throughout the
proceeding and had been informed by the court that if he pleaded guilty, he could thereupon be sentenced to jail. His plea,
given knowingly and voluntarily, was taken under circumstances which afforded him his full constitutional rights and should
therefore not be set aside (see People v. Nixon, 21 N.Y.2d 338). Although the trial court, through careful and thorough inquiry,
properly protected appellant's rights concerning the taking of his plea, a review of the record indicates that it did omit
to inquire of appellant at the time of sentencing whether he had any legal cause why judgment should not be pronounced against
him (Code Crim. Pro., 480). A defendant's right of allocution is well established and zealously guarded by the courts (People
v. Nesce, 201 N. Y. 111). Failure of the sentencing court to observe such a right requires a vacatur of the sentence only.
(People ex rel. Emanuel v. McMann [ La Vallee ], 7 N.Y.2d 342.) Accordingly, appellant is entitled to be remanded to the sentencing
court for resentencing on his plea of guilty. Judgment reversed, on the law, to the extent of vacating the sentence imposed
on September 15, 1969, and matter remitted to the County Court Rensselaer County for resentencing. (See People v. Shaw, 1
N.Y.2d 30.)

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