New York Court of Appeals, 1966

People v. Elfe

New York Court of Appeals · Decided July 7, 1966 · Authority, Beegan, Bueke, Dash, Desmond, Fund, Keating, Scileppi, Scott, Upon, Voobhis, Vote

18 N.Y.2d 601; 219 N.E.2d 195; 272 N.Y.S.2d 373; 1966 N.Y. LEXIS 1194

Opinion of the Court

Order reversed and. case remitted to Supreme Court, New York County, for a hearing. The factual allegations that petitioner was coerced into pleading guilty by .threats made directly to him by the Judge and District Attorney are sufficient on their face to require a hearing. (People v. Glasper, 14 N Y 2d 893; People v. Zilliner, 14 N Y 2d 834; People v. Pearson. 12 N Y 2d 978.)

Concur: Chief Judge Desmond and Judges Fund, Van Voobhis, Bueke and Beegan. Judges Scileppi and Keating dissent and vote to affirm upon the authority of People v. Scott (10 N Y 2d 380) and People v. Dash (16 N Y 2d 493).

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