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People v. Cobb

1 A.D.2d 877 Court N.Y. App. Div. Decision date 1956-03-20 English

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p. 877
The People of the State of New York, Respondent, v. Leslie Cobb, Appellant.

Judgment reversed, the fine remitted and a new trial ordered. Defendant’s plea here should not be taken as a plea of “ Guilty ”. The application to withdraw the plea and plead “Not Guilty” should have been granted. Peck, P. J., Rabin and Bergan, JJ., concur; Breitel and Frank, JJ., dissent and vote to affirm on the ground that the record shows there was a sufficient plea of “ Guilty ”, for the defendant clearly indicated that he pleaded guilty to all but one of the specifications under the statute with which he was charged with violation.