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People v. Borges

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1967
28 A.D.2d 735 (N.Y. App. Div. 1967)

Opinion

June 29, 1967


Judgment of the Supreme Court, Kings County, rendered July 7, 1966, convicting defendant of attempted felonious violation of section 1751 of the Penal Law, on a plea of guilty, reversed, on the law and facts, and action remitted to the Criminal Term for the purposes of (1) holding a hearing upon defendant's motion to withdraw his plea of guilty and (2) making a determination thereon de novo. The denial of the motion to withdraw the plea of guilty was peremptory and should not have been pronounced without some opportunity for appellant and his counsel to consult or without some inquiry by the court into the reason and basis for the motion ( People v. Klein, 26 A.D.2d 559). Beldock, P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.


Summaries of

People v. Borges

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1967
28 A.D.2d 735 (N.Y. App. Div. 1967)
Case details for

People v. Borges

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMIRO CONDE BORGES…

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

Date published: Jun 29, 1967

Citations

28 A.D.2d 735 (N.Y. App. Div. 1967)

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