People v. Colon

Carro, J. (dissenting).

I dissent for the reasons stated in our memorandum assigning alternate counsel to prosecute the appeal (People v Colon, 75 AD2d 771).

While this may have been a proper case for an “Alford plea”, that does not appear to have been the aim of the defendant. He failed to set forth all of the elements of the crime to which he pleaded or with which he was charged, while raising the possibility of a defense. There was no affirmative indication in the record that the defendant knew what he was doing and specifically desired to enter the plea, notwithstanding his possible…