Legal Opinion
People v. Tomaino
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1987PublishedCited by 9 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law and defendant remanded to Niagara County Court for further proceedings on the indictment. Memorandum: Defendant pleaded guilty to robbery in the first degree in satisfaction of a four-count indictment. At the plea colloquy, defendant maintained that he was severely intoxicated and had no recollection of the alleged criminal activity. The court inquired at length regarding defendant’s drinking activity prior to the alleged act and at the conclusion stated, "I guess perhaps you would have no recollection of these events.”
The court should not have…
2Cases cited2 opinions
- People v. QuilesAppellate Division of the Supreme Court of the State of New York · 1979
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by9 opinions
- People v. ZethAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005
- People v. GoldfaddenAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BentonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BartlesonAppellate Division of the Supreme Court of the State of New York · 1988
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