Legal Opinion

People v. Di Raffaele

New York Court of Appeals

Decided February 23, 1982PublishedCited by 134 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

Defendant’s conditional plea of guilty to criminal usury in the second degree under section 190.40 of the Penal Law having been premised on an ineffectual assurance of the prosecutor, approved by the court, that, notwithstanding his plea, defendant could reserve his right to appellate review with respect to his contentions that section 190.42 of the Penal Law (criminal usury in the first degree) was unconstitutional and that the indictments should be dismissed for preindictment prosecutorial misconduct, defendant should be permitted to withdraw his plea and his…

2Cases cited11 opinions

  1. Smith v. MarylandSupreme Court of the United States · 1979
  2. Fisher v. United StatesSupreme Court of the United States · 1976
  3. United States v. MillerSupreme Court of the United States · 1976
  4. Menna v. New YorkSupreme Court of the United States · 1975
  5. United States v. New York Telephone Co.Supreme Court of the United States · 1977

6 more not listed; retrieve them via the Exa API.

3Cited by134 opinions

  1. People v. HansenNew York Court of Appeals · 2000
  2. People v. PelchatNew York Court of Appeals · 1984
  3. People v. KoniecznyNew York Court of Appeals · 2004
  4. People v. O'BrienNew York Court of Appeals · 1982
  5. People v. LawrenceNew York Court of Appeals · 1984

129 more not listed; retrieve them via the Exa API.

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