Legal Opinion

People v. Fanini

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1995PublishedCited by 8 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five”. That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v Glasper, 14 NY2d 893; People v Christian [appeal No. 2], 139 AD2d 896, lv denied 71 NY2d 1024; People v…

2Cases cited3 opinions

  1. People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. BeverlyAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. GlasperNew York Court of Appeals · 1964

3Cited by8 opinions

  1. People v. FlinnAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. KelleyAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. RogersAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. StevensAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. Yakim AliAppellate Division of the Supreme Court of the State of New York · 2000

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