Legal Opinion

Cloke v. Pulver

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

Decided July 2, 1998PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Spain, J.

On December 18, 1996, respondent Melvin Smith (hereinafter defendant) was indicted on four charges alleging the sexual abuse of two young female victims as follows: sodomy in the first degree, sodomy in the second degree, sexual abuse in the first degree and sexual abuse in the second degree.

In May 1997, at a preliminary conference with respondent Greene County Judge (hereinafter the Judge), petitioner, who is the Greene County District Attorney, and defendant’s counsel presented a negotiated plea agreement to the Judge whereby defendant would be allowed to plead…

2Cases cited20 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Holtzman v. GoldmanNew York Court of Appeals · 1988
  4. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  5. Schumer v. HoltzmanNew York Court of Appeals · 1983

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3Cited by15 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
  2. Soares v. HerrickAppellate Division of the Supreme Court of the State of New York · 2011
  3. Briggs v. HalloranAppellate Division of the Supreme Court of the State of New York · 2004
  4. Clear Channel Communications, Inc. v. RosenAppellate Division of the Supreme Court of the State of New York · 1999
  5. Donnaruma v. CarterNew York Supreme Court · 2013

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