People v. Bertrand

The defendant, in a two-count indictment, was charged with (1) feloniously possessing a narcotic drug with intent to sell, and (2) feloniously possessing a narcotic drug. On May 16, 1961 defendant withdrew his not guilty plea previously interposed and pleaded guilty to attempted felonious possession of a narcotic drug, under count 2 of the indictment, to cover the entire indictment. On the day of sentence the defendant moved to withdraw his plea of guilty, on the basis of the United States Supreme Court decision in Mapp v. Ohio (367 U. S. 643). The District Attorney opposes the granting of…