Legal Opinion

People v. Clarke

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1988PublishedCited by 2 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), *566rendered January 30, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the defendant’s motion to withdraw his plea of guilty is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

An examination of the minutes of the plea allocution proceeding makes clear that the defendant was never informed, nor can it reasonably be concluded…

2Cases cited2 opinions

  1. People v. GambleAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. CookAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. People v. EllisAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. WaltonAppellate Division of the Supreme Court of the State of New York · 1989

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