People v. Rawlison

Appellate Division of the Supreme Court of New York

People v. Rawlison

94 A.D.2d 644, 462 N.Y.S.2d 207, 1983 N.Y. App. Div. LEXIS 18047

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

DecidedMay 12, 1983

StatusPublished

This text of 94 A.D.2d 644 (People v. Rawlison) 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. Rawlison, 94 A.D.2d 644, 462 N.Y.S.2d 207, 1983 N.Y. App. Div. LEXIS 18047 (N.Y. Ct. App. 1983).

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Opinion

— Judgment, Supreme Court, New York County, rendered December 7, 1978 (George Roberts, J., at plea and sentence), convicting defendant of attempted criminal possession of a weapon in the third degree and sentencing him to an indeterminate term of imprisonment of IV2 to 3 years, [645]*645unanimously reversed, on the law and the facts, and the matter remanded to the trial court for a hearing to determine: (1) did the defendant’s 1973 plea of guilty to the crime of bail jumping as a class E felony meet constitutional standards and, (2) did the court inform the defendant, that if he had a prior prison record, it would not be bound by its promise of “no [jail] time”? Our review of the proceedings in the trial court leads us to conclude that the answers to these questions are unclear. We find that this defendant is entitled “to an evidentiary hearing * * * to present his contentions” (People v Tinsley, 35 NY2d 926, 927) since “[c]ompliance with a plea bargain is to be tested against an objective reading of the bargain” (People v Cataldo, 39 NY2d 578, 580). Concur — Murphy, P. J., Ross, Carro, Fein and Alexander, JJ.

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— Judgment, Supreme Court, New York County, rendered December 7, 1978 (George Roberts, J., at plea and sentence), convicting defendant of attempted criminal possession of a weapon in the third degree and sentencing him to an indeterminate term of imprisonment of IV2 to 3 years, [645]*645unanimously reversed, on the law and the facts, and the matter remanded to the trial court for a hearing to determine: (1) did the defendant’s 1973 plea of guilty to the crime of bail jumping as a class E felony meet constitutional standards and, (2) did the court inform the defendant, that if he had a prior prison record, it would not be bound by its promise of “no [jail] time”? Our review of the proceedings in the trial court leads us to conclude that the answers to these questions are unclear. We find that this defendant is entitled “to an evidentiary hearing * * * to present his contentions” (People v Tinsley, 35 NY2d 926, 927) since “[c]ompliance with a plea bargain is to be tested against an objective reading of the bargain” (People v Cataldo, 39 NY2d 578, 580). Concur — Murphy, P. J., Ross, Carro, Fein and Alexander, JJ.

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Bluebook (online)

94 A.D.2d 644, 462 N.Y.S.2d 207, 1983 N.Y. App. Div. LEXIS 18047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rawlison-nyappdiv-1983.

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