People v. Clairborne

New York Court of Appeals
People v. Clairborne, 29 N.Y.2d 950 (N.Y. 1972)
280 N.E.2d 366; 329 N.Y.S.2d 580; 1972 N.Y. LEXIS 1546

People v. Clairborne

Opinion of the Court

Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim. Pro., § 543-b; CPL 470.40, subd. 2, par. [b]). The offer of a plea was based on the understanding that the perjury indictment would be dismissed. A bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed (People v. Lynn, 28 N Y 2d 196, 201-202; People v. Foster, 19 N Y 2d 150, 154; People v. Griffin, 7 N Y 2d 511, 515-516).

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.

Reference

Full Case Name
The People of the State of New York v. Ruth Clairborne
Cited By
110 cases
Status
Published