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People v. Sall

17 N.Y.2d 731 Court N.Y. Decision date 1966-04-28 English

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p. 731
The People of the State of New York, Respondent, v. Sidney A. Sall, Appellant. The People of the State of New York, Respondent, v. Frederick Hughes, Appellant. The People of the State of New York, Respondent, v. Kenneth Baccile, Appellant.
Argued March 29, 1966;
decided April 28, 1966.
p. 732
A. William De Filippo for appellants.
Paul H. McCabe, District Attorney, for respondent.

In each action: Judgment reversed, motion to withdraw plea granted and information reinstated upon the ground that on the facts in this case it was an abuse of discretion to refuse to grant the motion to withdraw the guilty plea (see People v. Shipman, 14 N Y 2d 883 ). We do not pass on the questions of whether the informations are defective or insufficient or whether defend

p. 733
anís should ho treated as youthful offenders. These matters are left for decision by the trial court.

Concur: Chief Judge Desmond and Judges F old, Van Voorhis, Burke, Scilepfi, Bergan and Keating.

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