People v. Homer

Judgment unanimously reversed on the law, plea vacated, motion denied, count one of indictment reinstated and matter remitted to Oswego County Court for further proceedings on indictment. Memorandum: On appeal from a judgment convicting him, upon his guilty plea, of burglary in the third degree, defendant contends *935that reversal is required because his factual recitation negated an essential element of the crime, i.e., entry into the building. We agree.

Where, as here, defendant’s factual recitation negates an essential element of the crime, the court was under a duty to make further inquiry…