People v. Burton

Christ, Brennan, Hopkins and Benjamin, JJ., concur; Beldoek, P. J. concurs in the dismissal of the appeal from the order, but dissents as to the appeal from the judgment and votes to affirm, the judgment, with the following memorandum: Defendant was charged with attempted grand larceny *687in the first degree. On March 6, 1964 he pleaded guilty to the reduced charge of attempted grand larceny in the second degree. On May 22, 1964, the date of sentencing, defendant sought leave to withdraw his plea of guilty. The application was denied and defendant now claims that this constituted an abuse of…