New York Court of Appeals, 1966

People v. Granello

New York Court of Appeals · Decided October 27, 1966 · Abuse, Accepting, Bergan, Burke, Defendant, Derrick, Desmond, Discretion, Ftjm, Guilty, Here, Instance, Keating, Plea, Request, Scileppi, There, Trial, Voorhis, Vote, Where, Withdraw

18 N.Y.2d 823; 222 N.E.2d 393; 275 N.Y.S.2d 528; 1966 N.Y. LEXIS 1026

Cases that cite this one

5 later published cases cite this decision.

State v. Ortiz (N.M. 1967)
People v. Roberts (Appellate Division of the Supreme Court of New York 2019)
People v. Lewis (New York Supreme Court 1995)
People v. Hollis (Appellate Division of the Supreme Court of New York 1980)
People v. Ransom (Appellate Division of the Supreme Court of New York 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The judgment should be reversed and case remitted to the County Court, Nassau County, for a hearing. It was erroneous as a matter of law when, upon the defendant’s application to withdraw his guilty plea prior to sentence, the Trial Judge failed to inquire into the truth of the allegations that the defendant had been induced into pleading guilty by the threat of a heavier sentence and by a misunderstanding as to a promise of leniency. (See, e.g., People v. Weldon, 17 N Y 2d 814; People v. Russell, 15 N Y 2d 657; People v. Zilliner, 14 N Y 2d 834; People v. Picciotti, 4 N Y 2d 340.) Although, when he entered his guilty plea, the defendant indicated that no promise had been made to him by anyone concerning sentence, such evidence does not conclusively determine that in fact no promises had been made. (See People v. Elfe, 18 N Y 2d 601; People v. Glasper, 14 N Y 2d 893.)

Chief Judge Desmond and Judges Ftjm>, Van Voorhis, Burke and Bergan concur in memorandum; Judges Scileppi and KeatiNg dissent and vote to affirm. There was no abuse of discretion in denying defendant’s request to withdraw his plea of guilty (People v. Derrick, 15 N Y 2d 816) particularly where, as here, the Trial Judge had interrogated defendant before accepting his guilty plea in the first instance.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.