People v. Granello

Memorandum. The judgment should be reversed and case remitted to the County Court, Nassau County, for a hearing. It was erroneous as a matter of law when, upon the defendant’s application to withdraw his guilty plea prior to sentence, the Trial Judge failed to inquire into the truth of the allegations that the defendant had been induced into pleading guilty by the threat of a heavier sentence and by a misunderstanding as to a promise of leniency. (See, e.g., People v. Weldon, 17 N Y 2d 814; People v. Russell, 15 N Y 2d 657; People v. Zilliner, 14 N Y 2d 834; People v. Picciotti, 4 N Y 2d…