Legal Opinion
In re Benjamin S.
New York Court of Appeals
Decided February 18, 1982PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
Petitioner moved to quash or modify a Grand Jury subpoena issued by a Queens County Grand Jury, on the basis of a promise allegedly made to him by a Special Assistant Attorney-General as part of a plea bargaining agreement. Supreme Court and the Appellate Division both held that the plea bargaining promise should be enforced, each basing the result on differing reasoning. Because the alleged promise was not made a part of the record in the prior criminal proceeding, we reverse.
In March of 1979, petitioner was subpoenaed to appear before a New York County Grand…
2Cases cited4 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- People v. FrederickNew York Court of Appeals · 1978
- People v. McConnellNew York Court of Appeals · 1980
- People v. Da FornoNew York Court of Appeals · 1981
3Cited by46 opinions
- People v. Danny G.New York Court of Appeals · 1984
- Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1991
- People v. CurdgelNew York Court of Appeals · 1994
- 107166 People v. DeckerAppellate Division of the Supreme Court of the State of New York · 2016
- Benjamin Siegel v. State of New York and Edward J. Kuriansky, Deputy New York Attorney General for Medicaid FraudCourt of Appeals for the Second Circuit · 1982
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