People v. Barnes

Gulotta and Margett, JJ.,

dissent and vote to reverse the judgments of conviction, vacate the guilty pleas, and remit the matter to the County Court, Nassau County, for further proceedings, with the following memorandum: In light of the initial statements made by the defendant during the plea allocution in which he maintained that he was both intoxicated and “emotionally disturbed” at the time of the instant homicide, it was incumbent upon the court to inquire further before accepting his plea of guilty to murder in the second degree (see People v Quiles, 72 AD2d 610; People v McDougle, 67…