People v. Fanini

Appellate Division of the Supreme Court of New York

People v. Fanini

222 A.D.2d 1111, 635 N.Y.S.2d 896, 1995 N.Y. App. Div. LEXIS 14238

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

DecidedDecember 22, 1995

StatusPublished

Cited by8 cases

This text of 222 A.D.2d 1111 (People v. Fanini) 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. Fanini, 222 A.D.2d 1111, 635 N.Y.S.2d 896, 1995 N.Y. App. Div. LEXIS 14238 (N.Y. Ct. App. 1995).

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Opinion

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five”. That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v Glasper, 14 NY2d 893; People v Christian [appeal No. 2], 139 AD2d 896, lv denied 71 NY2d 1024; People v Beverly, 139 AD2d 971). (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Possession Controlled Substance, 2nd Degree.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.

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—Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five”. That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v Glasper, 14 NY2d 893; People v Christian [appeal No. 2], 139 AD2d 896, lv denied 71 NY2d 1024; People v Beverly, 139 AD2d 971). (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Possession Controlled Substance, 2nd Degree.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.

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Bluebook (online)

222 A.D.2d 1111, 635 N.Y.S.2d 896, 1995 N.Y. App. Div. LEXIS 14238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fanini-nyappdiv-1995.

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