[DOWNLOAD] "People State New York v. Grant Benton" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Grant Benton
- Author : Supreme Court of New York
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[143 A.D.2d 526 Page 526] Judgment unanimously reversed on the law, plea vacated and defendant remanded to Supreme Court, Erie County, for further
proceedings on the indictment. Memorandum: Defendant agreed to enter a plea of guilty to robbery in the second degree in satisfaction
of a three-count indictment. At the plea colloquy, however, he advised the court that he had no recollection of the alleged
criminal activity because he had consumed several pills and a quart each of vodka and wine. Following that revelation the
court asked defendant if he recalled anything that happened that day and defendant responded that he did not. The court asked
the prosecutor whether the People would consent to a plea pursuant to North Carolina v Alford (400 U.S. 25). The prosecutor
consented and the court accepted the Alford plea. That was error. The court should not have proceeded with the plea without
first making further inquiry whether defendant was asserting that his intent had been negated by intoxication and, if so,
whether he was knowingly waiving that potential [143 A.D.2d 526 Page 527]