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People v. Rogers

434 N.E.2d 1339, 56 N.Y.2d 552, 449 N.Y.S.2d 961, 1982 N.Y. LEXIS 3229
CourtNew York Court of Appeals
DecidedMarch 25, 1982
StatusPublished
Cited by8 cases

This text of 434 N.E.2d 1339 (People v. Rogers) 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. Rogers, 434 N.E.2d 1339, 56 N.Y.2d 552, 449 N.Y.S.2d 961, 1982 N.Y. LEXIS 3229 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Under the circumstances of this case, not the least of which is that the experienced defendant was the only participant in the plea bargaining process in a position to have firsthand knowledge as to whether the previous conviction was for a felony, we cannot say that the Appellate Division erred in limiting its corrective action to a grant of permission to the defendant to withdraw his guilty plea and substitute one of not guilty (cf. People v McConnell, 49 NY2d 340).

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler and Fuchsberg concur; Judges Jones and Meyer dissent and vote to reverse for reasons stated in the dissenting memorandum by Justice Samuel J. Silverman at the Appellate Division (81 AD2d 564, 565-566).

Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
434 N.E.2d 1339, 56 N.Y.2d 552, 449 N.Y.S.2d 961, 1982 N.Y. LEXIS 3229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-ny-1982.