People v. Lillis — 33 N.Y.2d 829

Majority

p. 829

The People of the State of New York, Respondent, v. Maurice Patrick Lillis, Appellant.

Argued November 12, 1973;

decided December 27, 1973.

p. 831

Robert G. Hurlbutt for appellant.

Eugene F. Sullivan, Jr., District Attorney (Robert J. Nicholson of counsel), for respondent.

Orders affirmed. No opinion.

Concur: Chief Judge Ful® and Judges Burke, Jasen, Jones and Wachtler. Judge Breitel dissents and votes to reverse and remit for a hearing in the following memorandum: In view of counsel’s statement to the court at the time of the taking of the plea that defendant had been hallucinating within the last month, the court was not entitled to rely on its own layman interrogation of the defendant and accept the plausibility of defendant’s responses. Taking no part: Judge Gabrielli.