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PEOPLE v. HOWARD

Docket No. 11942.

38 Mich. App. 217 (1972)

195 N.W.2d 925

PEOPLE v. GREGORY HOWARD

Michigan Court of Appeals.

Decided January 26, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and John L. Quaine, Assistant Prosecuting Attorney, for the people.

Sidney Kraizman, for defendant on appeal.

Before: HOLBROOK, P.J., and T.M. BURNS and DANHOF, JJ.

PER CURIAM.

Defendant pled guilty to a charge of assault with intent to rob being armed, MCLA 750.89; MSA 28.284. Prior to sentencing the defendant moved to withdraw his plea. The trial court denied the motion and we reverse.

While a motion to withdraw a guilty plea is addressed to the trial court's discretion, that discretion should be exercised liberally when the motion is made before sentencing and is accompanied by an assertion of innocence. People...

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