People v. Sypnier

—Appeal from a judgment of Supreme Court, Erie County (Wolfgang, J.), entered February 2, 2000, convicting defendant upon his plea of guilty of, inter alia, rape in the first degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and as a matter of discretion in the interest of justice, the plea is vacated and the matter is remitted to Supreme Court, Erie County, for further proceedings on the indictment.

Memorandum: Supreme Court erred in accepting defendant’s plea of guilty to the indictment without conducting…