People v. Leslie

• Decision Date: 16 December 1983
• Citation: 470 N.Y.S.2d 259,98 A.D.2d 977
• Parties: PEOPLE of the State of New York, Respondent, v. Monroe LESLIE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 259

470 N.Y.S.2d 259

98 A.D.2d 977

PEOPLE of the State of New York, Respondent, v.Monroe LESLIE, Appellant.

Supreme Court, Appellate Division Fourth Department.

Dec. 16, 1983.

Lee Charles La Mendola, Buffalo, for appellant.

Richard J. Arcara by Louis Haremski, Buffalo, for respondent.

Before DILLON, P.J., and HANCOCK, GREEN, O'DONNELL and SCHNEPP, JJ.

MEMORANDUM:

Defendant entered a negotiated plea of guilty of attempted criminal possession of a weapon in the third degree.At one point in the plea proceedings, defendant said "I didn't do it."Thereafter, however, he admitted to facts constituting the crime.

Prior to sentencing, defendant moved to withdraw the plea (CPL 220.60, subd. 3).Although the motion was based primarily upon a claim that the People were unable to prove their case, it was also based upon defendant's prior assertion of innocence.In response to the motion, the People made no claim of prejudice.Under the circumstances, the interests of justice would have been better served had defendant been permitted to withdraw his guilty plea (seePeople v. McIntyre, 40 A.D.2d 1038, 338 N.Y.S.2d 1011;People v. East, 39 A.D.2d 606, 332 N.Y.S.2d 396).

Judgment unanimously...