People v. De Berry

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 6, 1978, convicting him of rape in the first and second degrees, sodomy in the first and second degrees, and endangering the welfare of a child, upon a jury verdict, and imposing sentence as a second felony offender. By order dated December 17, 1978, the case was remitted to Criminal Term for a hearing on the question of whether defendant had been advised of his right to a trial by jury when he pleaded guilty in 1962 and the appeal has been held in abeyance in the interim (People v De Berry, 73 AD2d…