Legal Opinion
Fernandez v. Silbowitz
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 1977PublishedCited by 11 opinions
1Opinion of the Court
In this article 78 proceeding seeking a writ of prohibition, the petition is unanimously granted, without costs and without disbursements, to the extent of annulling the court’s action in vacating, sua sponte, the defendant’s pleas of guilty to manslaughter in the first degree under Indictment Nos. 1877/76 and 859/77 over objection of defendant, the said pleas reinstated and the matters remanded to the trial court to afford defendant an opportunity to withdraw his pleas of guilty or to permit his pleas to stand *838and for sentence thereon, pending which the trial of the indictment is stayed and…
2Cases cited4 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- People v. DamskyAppellate Division of the Supreme Court of the State of New York · 1975
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by11 opinions
- People v. WrightNew York Supreme Court · 1980
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1978
- People v. HardinAppellate Division of the Supreme Court of the State of New York · 1979
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1986
- People v. FrancoAppellate Division of the Supreme Court of the State of New York · 1990
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