People v. McCawley

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Herkimer County Court for further proceedings on the superior court information. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of burglary in the second degree (see, Penal Law § 140.25 [2]). During the plea allocution, the statements of defendant raised, the affirmative defense that he was lawfully in the victim’s home. Defendant contends that County Court erred in accepting his guilty plea without conducting further inquiry to determine whether defendant was…