People v. Pelchat
New York Court of Appeals
POINTS OF COUNSEL The District Attorney’s failure to advise the court, the defense and the Grand Jury, once he had learned that the indictment as to appellant Pelchat was based entirely on false, misleading and legally insufficient evidence and that the officers who. witnessed the commission of the crimes charged had in fact not seen Mr. Pelchat commit any crime, violated appellant’s constitutional and statutory rights and requires that his guilty plea be vacated and the…
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POINTS OF COUNSEL The District Attorney’s failure to advise the court, the defense and the Grand Jury, once he had learned that the indictment as to appellant Pelchat was based entirely on false, misleading and legally insufficient evidence and that the officers who. witnessed the commission of the crimes charged had in fact not seen Mr. Pelchat commit any crime, violated appellant’s constitutional and statutory rights and requires that his guilty plea be vacated and the charges against him be dismissed. (United States v Ba-surto, 497 F2d 781; Stirone v United States, 361 US 212; Berger v…
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant has been convicted of criminal possession of marihuana in the first degree after pleading guilty to the indictment. He now seeks reversal of the judgment contending that the indictment was fatally defective because the only evidence before the Grand Jury connecting him with the crime was the testimony of a police officer who subsequently told the prosecutor that he was unable to identify defendant as a participant in the crime and that he had misunderstood the question which caused him to do so. Defendant contends that because the prosecutor knew of…
2Cases cited46 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Napue v. IllinoisSupreme Court of the United States · 1959
- Costello v. United StatesSupreme Court of the United States · 1956
- United States v. Di ReSupreme Court of the United States · 1948
41 more not listed; retrieve them via the Exa API.
3Cited by361 opinions
- People v. MateoNew York Court of Appeals · 2004
- People v. AlejandroNew York Court of Appeals · 1987
- People v. HansenNew York Court of Appeals · 2000
- People v. JenningsNew York Court of Appeals · 1986
- People v. GoetzNew York Court of Appeals · 1986
356 more not listed; retrieve them via the Exa API.