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

Cases that cite this one

111 later published cases cite this decision. The 25 that cite it most often are listed here.

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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.