People v. Elfe

New York Court of Appeals

People v. Elfe

219 N.E.2d 195, 18 N.Y.2d 601, 272 N.Y.S.2d 373, 1966 N.Y. LEXIS 1194

New York Court of Appeals·Decided July 7, 1966·Published·Cited by 1 cases

Opinion

Order reversed and. case remitted to Supreme Court, New York County, for a hearing. The factual allegations that petitioner was coerced into pleading guilty by .threats made directly to him by the Judge and District Attorney are sufficient on their face to require a hearing. (People v. Glasper, 14 N Y 2d 893; People v. Zilliner, 14 N Y 2d 834; People v. Pearson. 12 N Y 2d 978.)

Concur: Chief Judge Desmond and Judges Fund, Van Voobhis, Bueke and Beegan. Judges Scileppi and Keating dissent and vote to affirm upon the authority of People v. Scott (10 N Y 2d 380) and People v. Dash (16 N Y 2d 493).

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Order reversed and. case remitted to Supreme Court, New York County, for a hearing. The factual allegations that petitioner was coerced into pleading guilty by .threats made directly to him by the Judge and District Attorney are sufficient on their face to require a hearing. (People v. Glasper, 14 N Y 2d 893; People v. Zilliner, 14 N Y 2d 834; People v. Pearson. 12 N Y 2d 978.)

Concur: Chief Judge Desmond and Judges Fund, Van Voobhis, Bueke and Beegan. Judges Scileppi and Keating dissent and vote to affirm upon the authority of People v. Scott (10 N Y 2d 380) and People v. Dash (16 N Y 2d 493).

People v. Elfe, 219 N.E.2d 195, 18 N.Y.2d 601, 272 N.Y.S.2d 373, 1966 N.Y. LEXIS 1194 (N.Y. 1966).

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Opinion

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