Legal Opinion · Dissent

People v. Lowrance

New York Court of Appeals

Decided February 22, 1977Published

1Dissent

Fuchsberg, J. (dissenting).

In the extraordinary circumstances of this case, the plea taken by the defendant was the product of a "manifest injustice” and therefore should not be permitted to stand (cf. ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty, § 2.1, p 52; Note, 64 Yale LJ 590, 592).

As background, it is noteworthy that the indictments against the defendant were a concomitant of his unfortunate matrimonial difficulties. The charges on which he was convicted after a trial, since found to have been permeated with prejudice, arose out of his…

2Cases cited9 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Henderson v. MorganSupreme Court of the United States · 1976
  3. Walker v. JohnstonSupreme Court of the United States · 1941
  4. Smith v. O'GRADYSupreme Court of the United States · 1941
  5. Waley v. JohnstonSupreme Court of the United States · 1942

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