Majority
Decision reserved, case held and matter remitted to Erie County Court for further proceedings in accordance with memorandum: At the time defendant pleaded guilty to a reduced charge of manslaughter in the first degree, defendant admitted that he had "shot somebody” but asserted that his actions were in self-defense. This assertion should have triggered a further inquiry by the trial court as to the circumstances surrounding the commission of the crime and the availability of any defenses. (People v Serrano, 15 NY2d 304 .) Such an inquiry was necessary to determine whether defendant’s plea was voluntarily and knowingly made (see People v Selikoff, 35 NY2d 227 ; People v Nixon, 21 NY2d 338 ). (Appeal from judgment of Erie County Court—manslaughter, first degree.) Present— Marsh, P. J., Moule, Cardamone, Simons and Goldman JJ.
Cases cited
- People v. Serrano 15 NY2d 304 p. 1132
- People v. Selikoff 35 NY2d 227 p. 1132
- People v. Nixon 21 NY2d 338 p. 1132