People v. Lopez

In the interests of justice (CPL 470.15 [3] [c]) I would, as a matter of discretion, vacate defendant’s plea of guilty to the crime of manslaughter in the first degree (Penal Law § 125.20), as I find the plea allocution conducted by Criminal Term to be insufficient (People v Hernandez, 78 AD2d 816 [1st Dept 1980]).

By a one-count indictment, filed April 14, 1983, a New York County Grand Jury charged defendant with the crime of murder in the second degree (Penal Law § 125.25 [1]). This indictment, in substance, alleged that, in New York County, on or about February 12, 1983, defendant…