People v. Rodriguez

On March 11, 1974, movant, one of five defendants named in an indictment charging rape in the first degree and related offenses, entered a plea of guilty to an attempt to commit the crime of sodomy in the first degree. At the time movant was one month, 10 days short of his 17th birthday.

Sentencing was set for April 3, 1974. In the interim, precise date not known, movant wrote to his counsel as follows: “I decided to cop out to that C felony for the simple reason that I didn’t want my crimies [sic] to get more time just cause of me going to trial. But .still I say I’m not guilty.”

Counsel moved…