Legal Opinion
People v. Bartley
New York Court of Appeals
Decided July 3, 1979PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant does not dispute that the court’s acceptance of her plea (to the class D felony in satisfaction of an indictment including a post-September 1, 1973 A-II felony count) was erroneous as a matter of law as prohibited by explicit provision of statute (CPL 220.10, subd 6, par [a]). Realistically the plea bargain must be considered as a nonseverable entity, and accordingly the bargain in its entirety was a total nullity as to all six counts of the indictment. The invalidity of the acceptance of the plea…
2Cases cited6 opinions
- United States v. ScottSupreme Court of the United States · 1978
- Kring v. MissouriSupreme Court of the United States · 1883
- People v. KeyNew York Court of Appeals · 1978
- People v. DarlingAppellate Division of the Supreme Court of the State of New York · 1975
- Blumberg v. LennonAppellate Division of the Supreme Court of the State of New York · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- People v. KurtzNew York Court of Appeals · 1980
- Campbell v. PesceNew York Court of Appeals · 1983
- Kisloff v. CovingtonNew York Court of Appeals · 1989
- People v. WrotenAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MoquinNew York Court of Appeals · 1991
49 more not listed; retrieve them via the Exa API.