Sekaloff v. Hogan

Petition, pursuant to article 78 CPLR, unanimously granted to the extent of remanding for reinstatement of the plea of guilty and for further proceedings thereon. The trial court was without power to grant the People’s application to withdraw defendant’s previously entered plea of guilty over the objection of the defendant thereto. The matter is therefore remanded for reinstatement of the plea of guilty and for further proceedings thereon. Concur — Stevens, P. J., Lane and Capozzoli, JJ.; Steuer and Kupferman, JJ., concur in the following memorandum by Steuer, J.: We concur in the result for…