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People v. Beverly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 971 (N.Y. App. Div. 1988)

Opinion

April 8, 1988

Appeal from the Onondaga County Court, Cunningham, J.

Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.


Judgment unanimously reversed on the law and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Immediately before defendant entered his plea of guilty, the trial court told him that "if we have to go to trial and work" the court probably would sentence him to 3 1/2 to 7 years, the maximum sentence, "on top of" the sentence for another crime. This statement by the trial court constituted coercion, rendering the plea involuntary (see, People v. Glasper, 14 N.Y.2d 893; People v. Hollis, 74 A.D.2d 585).


Summaries of

People v. Beverly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 971 (N.Y. App. Div. 1988)
Case details for

People v. Beverly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BEVERLY…

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

Date published: Apr 8, 1988

Citations

139 A.D.2d 971 (N.Y. App. Div. 1988)

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