People v. Clinton

It is well settled that where, as here, the defendant’s factual plea allocution casts doubt upon her guilt by negating an essential element of the crime or by raising a defense, the court may not accept the plea without making further inquiry into whether, in fact, the defendant is guilty and apprising her of the availability of any defense implicated by her allocution (People v Thomas, 159 AD2d 529, 530; People v Zeth, 148 AD2d 960, 961; People v Benton, 143 AD2d 526). If, in pleading, the defendant’s allocution casts doubt upon her guilt, she must be given an opportunity to withdraw her…