People v. Rice

I concur in the result. I agree that because the trial court failed to inform the defendant of his right to a non-jury trial a new trial must be ordered. I do not agree that the failure of the prosecutor to be present in court and acknowledge the agreement mandates a new trial. Errors in the plea-taking process, broadly considered, may be classified as of two types. One type concerns the failure of the trial court to inform the defendant, prior to acceptance of the plea, of all the constitutional and statutory rights waived by a guilty plea. In such instances, the plea-taking judge accepts a…