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People v. Tillinghast

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1053 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Livingston County Court, Cicoria, J.

Present — Callahan, J.P., Doerr, Green, Balio and Lowery, JJ.


Judgment unanimously reversed on the law, plea vacated and matter remitted to Livingston County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant's application to withdraw his guilty plea was summarily denied by the court. It was error for the court to deny defendant's motion without affording him an opportunity to state his reasons (see, People v. Tinsley, 35 N.Y.2d 926, 927; People v Carter, 144 A.D.2d 1034). Because the error mandates reversal of the judgment, we find it unnecessary to decide the other issue raised by defendant.


Summaries of

People v. Tillinghast

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1053 (N.Y. App. Div. 1991)
Case details for

People v. Tillinghast

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUANE TILLINGHAST…

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

Date published: Apr 26, 1991

Citations

172 A.D.2d 1053 (N.Y. App. Div. 1991)
569 N.Y.S.2d 307

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