People v. Costanza
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law, plea vacated and matter *989remitted to Genesee County Court for further proceedings on the indictment. Memorandum: In pleading guilty to attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]), defendant admitted that he entered a liquor store and displayed a revolver in an unsuccessful attempt to obtain money from the clerk. During the allocution, the prosecutor conceded that the revolver was unloaded when it was recovered. Here, the general inquiry of County Court whether defendant had any defenses did not satisfy its duty to insure…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. MooreNew York Court of Appeals · 1988
- People v. BramanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SobczakAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SimoneAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by15 opinions
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- People v. TrappAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WelsherAppellate Division of the Supreme Court of the State of New York · 2000
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