Legal Opinion

People v. Franco

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1990PublishedCited by 5 opinions

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

  1. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  2. People v. SpitaleriNew York Court of Appeals · 1961
  3. Fernandez v. SilbowitzAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. FordAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1979

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Crooms v. CorrieroAppellate Division of the Supreme Court of the State of New York · 1994
  2. MICHAEL T. MARSHALL v. UNITED STATESDistrict of Columbia Court of Appeals · 2016
  3. Turner v. CommonwealthCourt of Appeals of Kentucky · 1999
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  5. State v. Joshua A. RigginsIdaho Court of Appeals · 2016

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