People v. Spitaleri

Chief Judge Desmond.

Defendant was convicted by a jury in Queens County Court of the felony of possessing a quantity of the narcotic' drug heroin with intent to sell it (Penal Law, § 1751, subd. 2). The affirming majority in the Appellate Division filed no opinion. The two Justices who dissented wrote that ‘ ‘ it was error, warranting reversal and a new trial, to admit over defendant’s objections, as part of the People’s direct case, evidence that the defendant had pleaded guilty to an attempt to commit the crime charged and, with the court’s consent, had withdrawn such guilty plea and'…