People v. Hazen

Birns and Fein, JJ.,

dissent in a memorandum by Birns, J., as follows: I dissent. The appellant’s plea of guilty to the crime of manslaughter in the first degree should be vacated, the judgment of conviction reversed and the matter remanded to the Supreme Court, New York County, for further proceedings in accordance with the Criminal Procedure Law. The majority holds that appellant’s plea was voluntary; that it was knowingly and intelligently made. A careful appraisal of the facts shows that this conclusion is unwarranted. Appellant, a Russian emigré, was charged with the crime of murder in…