People v. Skelly
| Decision Date | 26 June 1967 |
| Citation | 28 A.D.2d 728,281 N.Y.S.2d 633 |
| Parties | The PEOPLE, etc., Respondent, v. Dennis SKELLY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before BELDOCK, P.J., and BRENNAN, HOPKINS, BENJAMIN and NOLAN, JJ.
MEMORANDUM BY THE COURT.
Judgment of the County Court, Nassau County, rendered December 17, 1965, reversed, on the law, and action remitted to the trial court for the purpose of (a) holding a hearing upon defendant's motion to withdraw his plea of guilty, (b) making a determination thereon De novo and (c) further proceedings not inconsistent herewith.
Upon arraignment for judgment, defendant moved to withdraw his plea of guilty on the ground that his counsel and attorneys for his codefendants had coerced the plea. Defendant's counsel thereupon stated that he did not represent defendant in connection with the motion, that 'this is Pro se'. Thereupon the court held a hearing. Defendant's counsel was sworn and denied that he, or any other attorney in his presence, had coerced defendant to plead guilty. After the defendant, upon the court's invitation, declined to cross-examine his counsel, the motion was denied.
In our opinion, defendant was entitled to assistance of counsel at this critical stage of the criminal process. In the absence of evidence of a waiver of that right, the judgment must be reversed in order that a hearing conforming to constitutional standards may be held upon defendant's motion (see, People v. Sykes, 23 A.D.2d 701, 258 N.Y.S.2d 275).
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