People v. Moore

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It is well settled in this State that "a guilty plea, once *1030withdrawn, 'is out of the case forever and for all purposes’ ” (People v Droz, 39 NY2d 457, 463, quoting People v Spitaleri, 9 NY2d 168, 173; accord, People v Burd, 18 NY2d 447, 450). This rule, which applies both to the fact of the plea and the contents of the plea allocution, prohibits the use of such material either on the People’s direct case (People v Spitaleri, supra) or for impeachment purposes should the defendant take the stand (People v…