People v. Damsky

Judgment, Supreme Court, New York County, rendered December 18, 1973, convicting the defendant, upon his plea of guilty, of assault in the first degree, unanimously reversed, on the law and the facts, the sentence and the second plea to the indictment vacated, and the case remanded for sentencing in accordance with the plea of June 5, 1973, by a Justice other than Justice Ascione or Justice Korn, upon an updated probation report. This second plea to the indictment is vacated on the grounds that the first plea was improperly vacated by the court; and defendant is entitled to be sentenced under…