Legal Opinion

People v. Appel

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

Decided December 4, 1986PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Main, J.

At issue in this case is the so-called ethical dilemma faced by defense attorneys when a client expresses a desire to perjure himself. Here, defendant, charged with robbery in the first degree, was offered a plea bargain of six months in jail and five years of probation in exchange for his plea of guilty to a class D felony and his testimony against his codefendant. Although he insisted upon his and his codefendant’s innocence, defendant expressed a desire to accept this plea agreement. Defense counsel, however, informed defendant that he could not accept the plea…

2Cases cited4 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. People v. BaldiNew York Court of Appeals · 1981
  3. Nix v. WhitesideSupreme Court of the United States · 1986
  4. In re MaloneAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by6 opinions

  1. People v. CasillasAppellate Division of the Supreme Court of the State of New York · 2001
  2. Casillas v. MurrayDistrict Court, W.D. New York · 2009
  3. People v. DePalloAppellate Division of the Supreme Court of the State of New York · 2000
  4. Rosen v. RosenNew York Supreme Court · 1994
  5. Vazquez v. ScullyDistrict Court, S.D. New York · 1988

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