Legal Opinion
People v. Boria
New York County Courts
Decided June 8, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Anthony A. Scarpino, Jr., J.
The defendants move to dismiss the indictments on the *605grounds that they were obtained in violation of their right to due process and fundamental fairness and in the interest of justice. The motions are denied.
ISSUES
The issue presented is whether a defendant’s right to due process and fundamental fairness is violated when a District Attorney carries out a threat made during plea negotiations to reindict the defendant on more serious charges if he does not plead guilty in accordance with the plea bargain offered. This appears to be an issue of…
2Cases cited21 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
- Colten v. KentuckySupreme Court of the United States · 1972
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. AlvarezNew York Supreme Court · 1992