Appellate Division of the Supreme Court of New York, 1970

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided April 9, 1970
34 A.D.2d 731; 312 N.Y.S.2d 141; 1970 N.Y. App. Div. LEXIS 5160
People v. Rodriguez

Opinion of the Court

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 *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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