Legal Opinion · Dissent

People v. Baret

New York Court of Appeals

Decided June 25, 2008Published

1DissentJones, J.

Because I think that connected pleas have an inherent tendency to coerce and, thus, deserve heightened scrutiny, I respectfully dissent.

At the core of the constitutional requirement that a guilty plea be entered voluntarily, knowingly and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]) is the additional, unremarkable requirement that there “be an affirmative showing on the record” that defendant waived his or her constitutional protections (id.). In my view, defendant’s allegations of coercion—though not a model of specificity—under the circumstances sufficiently raised…

2Cases cited4 opinions

  1. People v. FiumefreddoNew York Court of Appeals · 1993
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. PicciottiNew York Court of Appeals · 1958
  4. People v. BaretAppellate Division of the Supreme Court of the State of New York · 2007

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