decided: February 27, 1969.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ARMANDO GUZMAN, APPELLANT
Appeal, by permission of the Chief Judge of the Court of Appeals, from a judgment of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts of the Second Judicial Department, entered May 31, 1968, affirming a judgment of the Criminal Court of the City of New York (William E. Ringel, J., at time of conviction; Howard B. Gliedman, J., at time of sentence), rendered in Kings County, convicting defendant, purportedly upon his plea of guilty, of the crime of possession of a dangerous weapon, as a misdemeanor. The minutes of the plea proceedings indicated that defendant, through his counsel, offered to plead guilty to said crime and the prosecution consented to such a plea, but that, after the court examined defendant, recited the charge against him and asked him "How do you plead to that charge, guilty or not guilty?", defendant replied "Not guilty".
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
Judgment reversed and case remitted to the Criminal Court of the City of New York for further proceedings on the ground that defendant did not formally plead guilty.
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