People v. Polanco

— Appeal by defendant from a judgment of the County Court, Rockland County (Rubin, J.), rendered June 17, 1980, convicting him of *911manslaughter in the first degree, upon a plea of guilty, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, plea of guilty vacated, plea of not guilty reinstated and matter remitted to the County Court, Rockland County, for further proceedings. Prior to the imposition of sentence, the defendant declared that he was not guilty. Moreover, the facts of the case were so consistent with a defense of…