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People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 758 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Erie County Court, Forma, J.

Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and O'Donnell, JJ.


Judgment unanimously reversed, on the law, and new trial granted. Memorandum: Defendant was deprived of his right to testify because of the court's erroneous ruling that statements made by the defendant as a basis for a plea of guilty which was later withdrawn could be used for purposes of impeachment at trial. Once a guilty plea has been withdrawn, it ceases to be evidence and "is out of the case forever and for all purposes" ( People v. Spitaleri, 9 N.Y.2d 168, 173; see also, People v Droz, 39 N.Y.2d 457; People v. Papo, 80 A.D.2d 623). People v Evans ( 58 N.Y.2d 14) is not to the contrary. The statement in Evans was not a part of the actual plea colloquy as are the statements which the People sought to use here. To permit the substance of the plea colloquy to be used at a subsequent trial would render the withdrawal of the plea a mockery.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 758 (N.Y. App. Div. 1985)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER MOORE, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1985

Citations

112 A.D.2d 758 (N.Y. App. Div. 1985)