New York Court of Appeals, 1972

People v. Clairborne

People v. Clairborne
New York Court of Appeals · Decided January 14, 1972
29 N.Y.2d 950; 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.

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