People v. Lee

Appellate Division of the Supreme Court of New York

People v. Lee

31 A.D.2d 1002, 299 N.Y.S.2d 19, 1969 N.Y. App. Div. LEXIS 4339

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

DecidedMarch 27, 1969

StatusPublished

This text of 31 A.D.2d 1002 (People v. Lee) 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. Lee, 31 A.D.2d 1002, 299 N.Y.S.2d 19, 1969 N.Y. App. Div. LEXIS 4339 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Defendant’s allegations that his plea of guilty was coerced ¡by statements made to him by the trial court and the District Attorney that if he stood trial two codefendants were in court and would testify against him; that he would be convicted as charged and sentenced to a term of 10 years; and that if he pleaded guilty he would receive the same sentence as his two codefendants had received presented questions of fact requiring that a hearing he granted on his petition (People v. Picciotti, 4 N Y 2d 340; People v. Amoroso, 8 A D 2d 683; People v. Gleason, 18 A D 2d 959). (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for attempted burglary, third degree, rendered November 24, 1958.) Present—Goldman, P. J., Del Veechio, Marsh, Bastow and Henry, JJ.

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Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Defendant’s allegations that his plea of guilty was coerced ¡by statements made to him by the trial court and the District Attorney that if he stood trial two codefendants were in court and would testify against him; that he would be convicted as charged and sentenced to a term of 10 years; and that if he pleaded guilty he would receive the same sentence as his two codefendants had received presented questions of fact requiring that a hearing he granted on his petition (People v. Picciotti, 4 N Y 2d 340; People v. Amoroso, 8 A D 2d 683; People v. Gleason, 18 A D 2d 959). (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for attempted burglary, third degree, rendered November 24, 1958.) Present—Goldman, P. J., Del Veechio, Marsh, Bastow and Henry, JJ.

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Bluebook (online)

31 A.D.2d 1002, 299 N.Y.S.2d 19, 1969 N.Y. App. Div. LEXIS 4339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-nyappdiv-1969.