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eBook details

• Title: People State New York v. Johnny Jimenez
• Author : Supreme Court of New York
• Release Date : January 11, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Judgment of the Supreme Court, Bronx County, rendered November 30, 1978, convicting defendant of attempted murder in the second degree and imposing an indeterminate sentence of 6 1/2 to 13 years, reversed, on the law, and the plea and sentence vacated and the matter remanded for further proceedings. At the plea proceeding the District Attorney recited that defendant on May 29, 1978, acting in concert with others, accosted Victor Barretto on the street, that a fight took place during which defendant and others chased Barretto, overtook and stabbed him numerous times, that Barrettos injuries were serious and required protracted hospitalization, that the police in arriving shot and killed one of those participating in the fight who had attempted to attack a police officer, and that the plea of guilty to attempted murder in the second degree was in full satisfaction of all the counts in the indictment. "During the allocution by the court, the following transpired: The Court: All right. Now tell me, Mr. Johnny Jiminez, what did you do on May 29th, 1978, that now caused you to withdraw your plea of not guilty and to plead guilty? What is your involvement in this incident? The Defendant: To tell you the truth, I really cant recollect what happened because I was drinking. I had been drinking for nine hours; from 9 in the morning until it happened. I just remember, [73 A.D.2d 533 Page 534]

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