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People v. Rice

250 N.E.2d 721, 25 N.Y.2d 822, 303 N.Y.S.2d 677, 1969 N.Y. LEXIS 1160
CourtNew York Court of Appeals
DecidedJuly 1, 1969
StatusPublished
Cited by2 cases

This text of 250 N.E.2d 721 (People v. Rice) 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. Rice, 250 N.E.2d 721, 25 N.Y.2d 822, 303 N.Y.S.2d 677, 1969 N.Y. LEXIS 1160 (N.Y. 1969).

Opinion

Memorandum. Although a promise was made to defendant McAuliffe that the other counts and the separate felony indictment be dismissed, such a dismissal stands only as a part of an entire plea arrangement. If the arrangement be undone then the People and the defendant are entitled to be restored to the status obtaining before the plea. On this view it makes no difference to defendant whether the other counts are dismissed, or as happened in this case, deemed covered by the plea. Unless the plea is vacated he cannot be tried on the remaining counts of the indictment and the separate indictment.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen concur.

Judgments affirmed in a memorandum.

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Related

People v. Bourne
139 A.D.2d 210 (Appellate Division of the Supreme Court of New York, 1988)
People v. Mackley
71 A.D.2d 1054 (Appellate Division of the Supreme Court of New York, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
250 N.E.2d 721, 25 N.Y.2d 822, 303 N.Y.S.2d 677, 1969 N.Y. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rice-ny-1969.