From Casetext: Smarter Legal Research

People v. Fanini

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1111 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Onondaga County Court, Cunningham, J.

Present — Pine, J.P., Lawton, Wesley, Davis and Boehm, JJ.


Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five". That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v Glasper, 14 N.Y.2d 893; People v Christian [appeal No. 2], 139 A.D.2d 896, lv denied 71 N.Y.2d 1024; People v Beverly, 139 A.D.2d 971).


Summaries of

People v. Fanini

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1111 (N.Y. App. Div. 1995)
Case details for

People v. Fanini

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERMIN FANINI…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

Citations

222 A.D.2d 1111 (N.Y. App. Div. 1995)
635 N.Y.S.2d 896

Citing Cases

People v. Yakim Ali

Before the testimony at a pre-trial hearing was complete, defendant chose to plead guilty and was sentenced…

People v. Stevens

The trial court, in the course of plea negotiations, told defendant, Mr. Stevens, I repeat, once we go…