People v. Franco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
In this case involving the sale of over one kilogram of cocaine to an undercover officer, Jose Diaz, 1 of the 3 named defendants, was allowed to enter a negotiated plea of guilty. The prosecutor, however, refused to allow Fabio Franco to plead to a lesser charge unless his brother, defendant Orlando Franco, also pleaded guilty. Defendant’s counsel informed him "he had a chance of walking away” and, in the small courtroom, even the Judge heard counsel tell Orlando there was a possibility he would win the case. However, after it was made clear to Orlando that his…
2Cases cited9 opinions
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- People v. SpitaleriNew York Court of Appeals · 1961
- Fernandez v. SilbowitzAppellate Division of the Supreme Court of the State of New York · 1977
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1978
- People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by5 opinions
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- Turner v. CommonwealthCourt of Appeals of Kentucky · 1999
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
- State v. Joshua A. RigginsIdaho Court of Appeals · 2016