People v. Fanini

Dec 22, 1995
Versions:222 A.D.2d 1111
635 N.Y.S.2d 896
1995 N.Y. App. Div. LEXIS 14238

—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 NY2d 893; People v Christian [appeal No. 2], 139 AD2d 896, lv denied 71 NY2d 1024; People v Beverly, 139 AD2d 971). (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Possession Controlled Substance, 2nd Degree.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.