People v. Elfe

New York Court of Appeals July 7, 1966

People v. Elfe, 18 N.Y.2d 601 (N.Y. 1966)

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

Authority, Beegan, Bueke, Dash, Desmond, Fund, Keating, Scileppi, Scott, Upon, Voobhis, Vote

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).

Reference

Full Case Name: The People of the State of New York v. William Elfe
Cited By: 1 case
Status: Published