People v. Granello

New York Court of Appeals

People v. Granello

222 N.E.2d 393, 18 N.Y.2d 823, 275 N.Y.S.2d 528, 1966 N.Y. LEXIS 1026

CourtNew York Court of Appeals

DecidedOctober 27, 1966

StatusPublished

Cited by5 cases

This text of 222 N.E.2d 393 (People v. Granello) 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. Granello, 222 N.E.2d 393, 18 N.Y.2d 823, 275 N.Y.S.2d 528, 1966 N.Y. LEXIS 1026 (N.Y. 1966).

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Opinion

Memorandum. The judgment should be reversed and case remitted to the County Court, Nassau County, for a hearing. It was erroneous as a matter of law when, upon the defendant’s application to withdraw his guilty plea prior to sentence, the Trial Judge failed to inquire into the truth of the allegations that the defendant had been induced into pleading guilty by the threat of a heavier sentence and by a misunderstanding as to a promise of leniency. (See, e.g., People v. Weldon, 17 N Y 2d 814; People v. Russell, 15 N Y 2d 657; People v. Zilliner, 14 N Y 2d 834; People v. Picciotti, 4 N Y 2d 340.) Although, when he entered his guilty plea, the defendant indicated that no promise had been made to him by anyone concerning sentence, such evidence does not conclusively determine that in fact no promises had been made. (See People v. Elfe, 18 N Y 2d 601; People v. Glasper, 14 N Y 2d 893.)

Chief Judge Desmond and Judges Ftjm>, Van Voorhis, Burke and Bergan concur in memorandum; Judges Scileppi and KeatiNg dissent and vote to affirm. There was no abuse of discretion in denying defendant’s request to withdraw his plea of guilty (People v. Derrick, 15 N Y 2d 816) particularly where, as here, the Trial Judge had interrogated defendant before accepting his guilty plea in the first instance.

Judgment reversed, etc.

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Memorandum. The judgment should be reversed and case remitted to the County Court, Nassau County, for a hearing. It was erroneous as a matter of law when, upon the defendant’s application to withdraw his guilty plea prior to sentence, the Trial Judge failed to inquire into the truth of the allegations that the defendant had been induced into pleading guilty by the threat of a heavier sentence and by a misunderstanding as to a promise of leniency. (See, e.g., People v. Weldon, 17 N Y 2d 814; People v. Russell, 15 N Y 2d 657; People v. Zilliner, 14 N Y 2d 834; People v. Picciotti, 4 N Y 2d 340.) Although, when he entered his guilty plea, the defendant indicated that no promise had been made to him by anyone concerning sentence, such evidence does not conclusively determine that in fact no promises had been made. (See People v. Elfe, 18 N Y 2d 601; People v. Glasper, 14 N Y 2d 893.)

Chief Judge Desmond and Judges Ftjm>, Van Voorhis, Burke and Bergan concur in memorandum; Judges Scileppi and KeatiNg dissent and vote to affirm. There was no abuse of discretion in denying defendant’s request to withdraw his plea of guilty (People v. Derrick, 15 N Y 2d 816) particularly where, as here, the Trial Judge had interrogated defendant before accepting his guilty plea in the first instance.

Judgment reversed, etc.

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Bluebook (online)

222 N.E.2d 393, 18 N.Y.2d 823, 275 N.Y.S.2d 528, 1966 N.Y. LEXIS 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-granello-ny-1966.

Opinion

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