People v. Rodriguez

Appellate Division of the Supreme Court of New York

People v. Rodriguez

34 A.D.2d 731, 312 N.Y.S.2d 141, 1970 N.Y. App. Div. LEXIS 5160

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

DecidedApril 9, 1970

StatusPublished

This text of 34 A.D.2d 731 (People v. Rodriguez) 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. Rodriguez, 34 A.D.2d 731, 312 N.Y.S.2d 141, 1970 N.Y. App. Div. LEXIS 5160 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Petitioner’s allegations that his plea of guilty was coerced by threats made to him by an Assistant District Attorney and his own counsel are sufficient to raise a triable issue as to the voluntariness of his plea, which should be resolved at a hearing. (People v. Picciotti, 4 N Y 2d 340, 345.) (Appeal from order of Erie County [732]*732Court denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered June 28, 1967.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Petitioner’s allegations that his plea of guilty was coerced by threats made to him by an Assistant District Attorney and his own counsel are sufficient to raise a triable issue as to the voluntariness of his plea, which should be resolved at a hearing. (People v. Picciotti, 4 N Y 2d 340, 345.) (Appeal from order of Erie County [732]*732Court denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered June 28, 1967.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

34 A.D.2d 731, 312 N.Y.S.2d 141, 1970 N.Y. App. Div. LEXIS 5160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-nyappdiv-1970.