Legal Opinion
People v. Walton
New York Court of Appeals
Decided February 22, 1977PublishedCited by 58 opinions
1Opinion of the Court
Memorandum. Order of the Appellate Division, insofar as it dismissed the inclusory concurrent counts, reversed, the inclusory concurrent counts reinstated, and the matter remitted to the Appellate Division for consideration of the facts.
CPL 220.10 provides "[ejxcept as provided in subdivision five, the defendant may as a matter of right enter a plea of 'guilty’ to the entire indictment” (subd 2). Subdivision 5 of the section is not applicable. The balance of the provision is an unqualified mandate which, if not unconstitutional, must be followed. CPL 300.40 (subd 3, par [b]) requires…
2Cases cited3 opinions
- People v. CoxAppellate Division of the Supreme Court of the State of New York · 1974
- People v. KittAppellate Division of the Supreme Court of the State of New York · 1975
- People v. RayAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by58 opinions
- Park Knoll Associates v. SchmidtNew York Court of Appeals · 1983
- Rosenberg v. MetLife, Inc.New York Court of Appeals · 2007
- Fuller v. Local Union No. 106 of the United Brotherhood of Carpenters & JoinersSupreme Court of Iowa · 1997
- Adams v. Superior CourtCalifornia Court of Appeal · 1992
- Garson v. HendlinAppellate Division of the Supreme Court of the State of New York · 1988
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