People v. Foster

Defendant was charged with manslaughter in the first degree (Penal Law, § 1050) for the killing of one Thomas Hicks. Defendant was permitted to withdraw -his original plea of not guilty and plead guilty to attempted manslaughter in the second degree.

On this appeal, defendant’s principal argument is that he pleaded guilty to a nonexistent crime; therefore, his plea of guilty to such a charge, i.e., attempted manslaughter in the second degree, is a nullity, and that the judgment of conviction has no basis in law and violates due process.

Defendant also argues that his plea of guilty is invalid…