People v. Alexander S.

New York Court of Appeals

People v. Alexander S.

297 N.E.2d 101, 32 N.Y.2d 733, 344 N.Y.S.2d 366, 1973 N.Y. LEXIS 1378

DecidedApril 25, 1973

StatusPublished

This text of 297 N.E.2d 101 (People v. Alexander S.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alexander S., 297 N.E.2d 101, 32 N.Y.2d 733, 344 N.Y.S.2d 366, 1973 N.Y. LEXIS 1378 (N.Y. 1973).

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Opinion

Order reversed and case remitted to the City Court of Buffalo for further proceedings in accordance with the following memorandum: The order appealed from should be reversed and the [735]*735plea of guilty vacated, and defendant should he rearraigned on the information upon the ground that the plea and sentence proceedings suggest that defendant was pressed unduly to make restitution on pain of being given a jail sentence, and because there was also a suggestion by a former defendant before sentence that defendant was not culpable although he had admitted guilt at the time of the plea.

Concur: Chief Judge Ftjld and Judges Breitel, Jasen, Gabrielli, Jones and Wachtler. Judge Burke dissents and votes to affirm.

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Order reversed and case remitted to the City Court of Buffalo for further proceedings in accordance with the following memorandum: The order appealed from should be reversed and the [735]*735plea of guilty vacated, and defendant should he rearraigned on the information upon the ground that the plea and sentence proceedings suggest that defendant was pressed unduly to make restitution on pain of being given a jail sentence, and because there was also a suggestion by a former defendant before sentence that defendant was not culpable although he had admitted guilt at the time of the plea.

Concur: Chief Judge Ftjld and Judges Breitel, Jasen, Gabrielli, Jones and Wachtler. Judge Burke dissents and votes to affirm.

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Bluebook (online)

297 N.E.2d 101, 32 N.Y.2d 733, 344 N.Y.S.2d 366, 1973 N.Y. LEXIS 1378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alexander-s-ny-1973.