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People v. Clairborne

280 N.E.2d 366, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 1972 N.Y. LEXIS 1546
CourtNew York Court of Appeals
DecidedJanuary 14, 1972
StatusPublished
Cited by110 cases

This text of 280 N.E.2d 366 (People v. Clairborne) 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. Clairborne, 280 N.E.2d 366, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 1972 N.Y. LEXIS 1546 (N.Y. 1972).

Opinion

Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim. Pro., § 543-b; CPL 470.40, subd. 2, par. [b]). The offer of a plea was based on the understanding that the perjury indictment would be dismissed. A bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed (People v. Lynn, 28 N Y 2d 196, 201-202; People v. Foster, 19 N Y 2d 150, 154; People v. Griffin, 7 N Y 2d 511, 515-516).

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.

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Bluebook (online)
280 N.E.2d 366, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 1972 N.Y. LEXIS 1546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clairborne-ny-1972.