RIVERHEAD – In the first decision of its kind, the Appellate Division, Second Department has ruled that a county court judge may not circumvent a recently amended remand provision of Criminal Procedure Law by delaying acceptance of a guilty plea once the defendant has made his allocution.
In the past, the First and Second Departments have deemed it proper for a defendant to remain at liberty while the acceptance of a guilty plea is deferred. But the Second Department ruled Dec. 13 that CPL �530.40(3) clearly required the defendant in People v. Carlson, 710-01, to be taken into custody.
