People v. Barnes, s. 48796

• Decision Date: 02 November 1981
• Docket Number: Nos. 48796,49271,s. 48796
• Citation: 449 N.Y.S.2d 146,84 A.D.2d 752
• Parties: The PEOPLE, etc., Respondent, v. William F. Barnes, Appellant. (Ind.)
• Court: New York Supreme Court — Appellate Division

Page 146

449 N.Y.S.2d 146

84 A.D.2d 752

The PEOPLE, etc., Respondent, v. William F. Barnes, Appellant. (Ind. Nos. 48796, 49271)

Supreme Court of New York, Appellate Division, Second Department.

November 2, 1981

Matthew Muraskin, Mineola (David I. Schoen and Michael J. Obus, Mineola, of counsel), for appellant and appellant pro se. Denis Dillon, Dist. Atty., Mineola (Laurie S. Hershey and Anthony J. Girese, Asst. Dist. Attys., Mineola, of counsel), for respondent.

Appeal by defendant from two judgments of the County Court, Nassau County (Baker, J.), both rendered November 20, 1979, convicting him, upon pleas of guilty, of murder in the second degree and escape in the first degree, and imposing sentences. Judgments affirmed. No opinion.

HOPKINS, J. P., and WEINSTEIN and THOMPSON, JJ., concur. 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 A.D.2d 610, 421 N.Y.S.2d 119; People v. McDougle, 67 A.D.2d 989, 413 N.Y.S.2d 426). Moreover, since the contemporaneously entered plea of guilty to escape in the first degree in satisfaction of another indictment was expressly conditioned upon a negotiated agreement that concurrent sentences would be imposed, that plea should also be vacated (see People v. Rogers, 48 N.Y.2d 167, 422 N.Y.S.2d 18, 397 N.E.2d 709; People v. Clark, 45 N.Y.2d 432, 408 N.Y.S.2d 463, 380 N.E.2d 290; People v. Schaaff, 77 A.D.2d 607, 430 N.Y.S.2d 3; People v. Griffin, 77 A.D.2d 666, 422 N.Y.S.2d 473).