People v. Diaz

Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered January 23,1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, plea vacated, and matter remitted to the County Court, Westchester County, for further proceedings. The plea allocution herein was inadequate. While there is no specific formula for entry of a guilty plea (People v Fooks, 21 NY2d 338), in this case the defendant’s notice of alibi and protestation of innocence…