The People of the State of New York are the respondents in this case. The defendant and appellant in the matter is E.M. The case is being heard in the Supreme Court, Appellate Division, First Department. The defendant is appealing an order made by the Supreme Court of Bronx County that convicted him after a jury trial of the crime of rape in the first degree and sentenced him to a lesser sentence concurrent with a conviction of rape in the first degree.
A New York Criminal Lawyer said in review of the case it is found that the defendant offered statements to the court standing by his plea of guilty. He bargained for this plea and did not want to withdraw it. The statements made to the probation officer that were thought by the court to be a protestation of innocence were not inquired into the court in any extent. A New York Drug Possession Lawyer said the order of the court to vacate the guilty plea must be set aside in this particular case.
The court is ordering that the conviction of rape in the first degree is reversed and the judgment of conviction after the trial is vacated. A New York Criminal Lawyer said the court finds that the plea of guilty in the second degree satisfies the entire indictment and the plea of guilty to rape in the first degree is withdrawn. The plea of guilty that was entered on the 6th of February, 1974 is reinstated. The case will be sent to the Supreme Court of Bronx County for resentencing on the conviction of rape in the second degree through a plea of guilty.
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