Agnew v. Rothwax

CPLR article 78 petition, in the nature of a writ of prohibition, dated May 21, 1986, is unanimously granted, without costs, the order of the Supreme Court, New York County (Harold Rothwax, J.), dated April 11, 1986, is vacated as being made in excess of the court’s jurisdiction, the plea taken before Judge Alvin Schlesinger by the defendant Agnew on April 9, 1986 is declared to be valid, and the matter is remanded for execution of the sentence imposed on May 19, 1986.

The petitioner was arraigned in Criminal Court and charged with grand larceny in the second degree on April 25, 1985. He is a…