People v. Cicerale

Appellate Division of the Supreme Court of New York

People v. Cicerale

27 A.D.2d 754, 279 N.Y.S.2d 956, 1967 N.Y. App. Div. LEXIS 4759

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

DecidedFebruary 27, 1967

StatusPublished

This text of 27 A.D.2d 754 (People v. Cicerale) 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. Cicerale, 27 A.D.2d 754, 279 N.Y.S.2d 956, 1967 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order of the County Court, Nassau County, dated June 13,1966, reversed, on the law and the facts and in the exercise of discretion, and this coram nobis proceeding remitted to the court below for the purpose of (a) holding a hearing before a Judge other than the one who accepted the plea of guilty, at which the proofs of the parties, including the testimony of the attorney who appeared for defendant at the time defendant pleaded guilty shall be adduced and (b) making a determination de novo, on the basis of all the proof submitted upon the hearing. Under all the circumstances, a hearing should be accorded defendant as to whether he was induced to plead guilty by a representation of the trial court that a lesser sentence would be imposed than defendant ultimately received. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Order of the County Court, Nassau County, dated June 13,1966, reversed, on the law and the facts and in the exercise of discretion, and this coram nobis proceeding remitted to the court below for the purpose of (a) holding a hearing before a Judge other than the one who accepted the plea of guilty, at which the proofs of the parties, including the testimony of the attorney who appeared for defendant at the time defendant pleaded guilty shall be adduced and (b) making a determination de novo, on the basis of all the proof submitted upon the hearing. Under all the circumstances, a hearing should be accorded defendant as to whether he was induced to plead guilty by a representation of the trial court that a lesser sentence would be imposed than defendant ultimately received. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 754, 279 N.Y.S.2d 956, 1967 N.Y. App. Div. LEXIS 4759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cicerale-nyappdiv-1967.