People v. Glasby

Appellate Division of the Supreme Court of New York

People v. Glasby

44 A.D.2d 541, 353 N.Y.S.2d 467, 1974 N.Y. App. Div. LEXIS 5420

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

DecidedMarch 21, 1974

StatusPublished

Cited by1 cases

This text of 44 A.D.2d 541 (People v. Glasby) 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. Glasby, 44 A.D.2d 541, 353 N.Y.S.2d 467, 1974 N.Y. App. Div. LEXIS 5420 (N.Y. Ct. App. 1974).

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Opinion

Judgment, Supreme Court, New York County, rendered April 20, 1972, sentencing defendant-appellant to probation for five years, unanimously reversed, on the law, the sentence vacated, and the ease remanded to that court for further proceedings as hereinafter set forth. At the time of defendant’s plea of guilty, the court made a clear and unequivocal promise that defendant would be sentenced to time served, without probation, adding that should the probation report prevent fulfillment of the promise, the plea might be withdrawn. On the day of sentence, the court found the report unsatisfactory, and sentenced as above stated, without mentioning the alternative branch of the promise, withdrawal of the plea. Nor did defendant nor counsel say anything on the subject. Defendant’s silence, as the District Attorney commendably concedes, was not a waiver (People v. Esposito, 32 N Y 2d 921), and defendant is entitled to performance of the promise (Santobello v. New York, 404 U. S. 257). The case is remanded accordingly and defendant shall have the option of deciding which alternative he will select: withdrawal of the plea, or sentence to time served. Concur — MeGivern, P. J., Markewich, Murphy and Tilzer, JJ.

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Judgment, Supreme Court, New York County, rendered April 20, 1972, sentencing defendant-appellant to probation for five years, unanimously reversed, on the law, the sentence vacated, and the ease remanded to that court for further proceedings as hereinafter set forth. At the time of defendant’s plea of guilty, the court made a clear and unequivocal promise that defendant would be sentenced to time served, without probation, adding that should the probation report prevent fulfillment of the promise, the plea might be withdrawn. On the day of sentence, the court found the report unsatisfactory, and sentenced as above stated, without mentioning the alternative branch of the promise, withdrawal of the plea. Nor did defendant nor counsel say anything on the subject. Defendant’s silence, as the District Attorney commendably concedes, was not a waiver (People v. Esposito, 32 N Y 2d 921), and defendant is entitled to performance of the promise (Santobello v. New York, 404 U. S. 257). The case is remanded accordingly and defendant shall have the option of deciding which alternative he will select: withdrawal of the plea, or sentence to time served. Concur — MeGivern, P. J., Markewich, Murphy and Tilzer, JJ.

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Bluebook (online)

44 A.D.2d 541, 353 N.Y.S.2d 467, 1974 N.Y. App. Div. LEXIS 5420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-glasby-nyappdiv-1974.

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