Legal Opinion · Dissent

People v. Goldstein

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

Decided May 22, 2008Published

1DissentLahtinen, J.

We respectfully dissent. We would *1275reverse the judgment of conviction, grant defendant’s motion to withdraw the plea and remit for further proceedings on the indictment. The plea agreement provided for defendant to receive the maximum sentence on the top charges against him. He made a timely and detailed motion to withdraw his plea in which he asserted that he had made statements during the plea allocution that negated an essential element of the crime of reckless endangerment in the first degree, he had been coerced to accept the plea by the statement by County Court (LaBuda, J.) that he…

2Cases cited22 opinions

  1. People v. NixonNew York Court of Appeals · 1967
  2. People v. LaureanoNew York Court of Appeals · 1996
  3. People v. SuarezNew York Court of Appeals · 2005
  4. People v. SeeberNew York Court of Appeals · 2005
  5. People v. FeingoldNew York Court of Appeals · 2006

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