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People v. Jones

375 N.E.2d 41 (1978)

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People v. Jones

New York Court of Appeals

375 N.E.2d 41 (1978)

Facts

Sylvester Jones (defendant) was indicted for the robbery of Juan Rodriguez. The case was adjourned several times because the prosecutor (plaintiff) could not locate Rodriguez. Jones entered a plea of guilty after Rodriguez was located. At sentencing, Jones’s counsel moved to withdraw the guilty plea because he had just learned that the prosecutor had been informed of Rodriguez’s death four days prior to the entry and acceptance of Jones’s guilty plea. Jones’s counsel argued that had he been informed of Rodriguez’s death, he would have advised his client not to plead guilty. The motion to withdraw the plea was denied. The appellate division affirmed the judgment of conviction. Jones appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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