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People v. Caputo

325 N.E.2d 164, 36 N.Y.2d 653, 365 N.Y.S.2d 847, 1975 N.Y. LEXIS 1685
CourtNew York Court of Appeals
DecidedFebruary 12, 1975
StatusPublished
Cited by5 cases

This text of 325 N.E.2d 164 (People v. Caputo) 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. Caputo, 325 N.E.2d 164, 36 N.Y.2d 653, 365 N.Y.S.2d 847, 1975 N.Y. LEXIS 1685 (N.Y. 1975).

Opinion

.Memorandum. Critical to defendant’s rights to be relieved of his plea of guilty is whether he was misled iby the court’s advice to him before his- guilty plea was accepted. To establish reliance. on the representations made to him he would have been required to show that he believed them and that he was not otherwise advised by his lawyer or anyone else before he pleaded guilty. He could have done this by a motion to vacate his plea or by way of a motion to vacate the judgment of conviction under CPL 440.10 supported by an affidavit or affidavits showing justifiable reliance. Since this was not done the order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judge Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in memorandum.

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Related

Hagerman v. Henderson
79 A.D.2d 1112 (Appellate Division of the Supreme Court of New York, 1981)
People v. Robinson
59 A.D.2d 726 (Appellate Division of the Supreme Court of New York, 1977)
Vincent Caputo v. Robert J. Henderson, Superintendent, Auburn Correctional Facility
541 F.2d 979 (Second Circuit, 1976)
People v. Orr
52 A.D.2d 1036 (Appellate Division of the Supreme Court of New York, 1976)
People v. Williams
47 A.D.2d 989 (Appellate Division of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
325 N.E.2d 164, 36 N.Y.2d 653, 365 N.Y.S.2d 847, 1975 N.Y. LEXIS 1685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caputo-ny-1975.