People v. Caruso

Appellate Division of the Supreme Court of New York

People v. Caruso

39 A.D.2d 947, 333 N.Y.S.2d 994, 1972 N.Y. App. Div. LEXIS 4366

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

DecidedJune 12, 1972

StatusPublished

This text of 39 A.D.2d 947 (People v. Caruso) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Caruso, 39 A.D.2d 947, 333 N.Y.S.2d 994, 1972 N.Y. App. Div. LEXIS 4366 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by the People from an order of the Supreme Court, Kings County, dated October 21,1971, which granted to withdraw his plea of guilty and to dismiss the indictment. Order reversed, on the law, and indictment and plea of guilty reinstated (People v. Dellacroce, 38 A D 2d 210). Martuseello, Acting P. J., Latham, Christ and Benjamin, JJ., concur; Gulotta, J., dissents and votes to affirm, with the following memorandum : The communication by the District Attorney to defendant as to the immunity granted him had the same deficiencies, limitations and conditions pointed out in the dissents in People v. Sparaco (39 A D 2d 753). The immunity granted, therefore, was not coextensive with the privilege it displaced.

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Appeal by the People from an order of the Supreme Court, Kings County, dated October 21,1971, which granted to withdraw his plea of guilty and to dismiss the indictment. Order reversed, on the law, and indictment and plea of guilty reinstated (People v. Dellacroce, 38 A D 2d 210). Martuseello, Acting P. J., Latham, Christ and Benjamin, JJ., concur; Gulotta, J., dissents and votes to affirm, with the following memorandum : The communication by the District Attorney to defendant as to the immunity granted him had the same deficiencies, limitations and conditions pointed out in the dissents in People v. Sparaco (39 A D 2d 753). The immunity granted, therefore, was not coextensive with the privilege it displaced.

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Bluebook (online)

39 A.D.2d 947, 333 N.Y.S.2d 994, 1972 N.Y. App. Div. LEXIS 4366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caruso-nyappdiv-1972.