People v. Thomasula
People v. Thomasula
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, and the case remitted to the Appellate Division for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).
In April 1987, as a result of an undercover operation, defendant was indicted, along with codefendant Richard Pantano, for various drug related offenses, including two counts of criminal sale of a controlled substance in the second degree (Penal Law § 220.41) — a class A-II felony. Sometime prior to
At his trial, defendant asked that the jury be advised that Pantano’s plea bargain was "contrary to law” and that it could consider that illegality on the issue of his credibility.
Although there can be no question that a criminal defendant is entitled to have the jury informed that a prosecution witness has been offered a "favorable deal” in exchange for his testimony (see, People v Jackson, 74 NY2d 787, 790; People v Savvides, 1 NY2d 554, 557; 1 CJI[NY] 7.24; see generally, CPL 300.10 [1], [2]), the Trial Judge here specifically advised the jury that Pantano had received just such a deal and cautioned it to consider carefully whether this may have induced him to testify falsely against defendant. It was only the "unauthorized” character of Pantano’s plea arrangement which the Trial Judge refused to disclose to the jury. This refusal did not constitute reversible error under the circumstances of this case.
We have examined defendant’s remaining contentions in support of an affirmance of the order of the Appellate Division (see, CPL 470.35 [2]), and find them to be without merit.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.
. CPL 195.10 (2) (b) permits a waiver of prosecution by indictment before, but not after, an indictment has been filed by the Grand Jury (see, People v Casdia, 78 NY2d 1024; People v Boston, 75 NY2d 585; People v Banville, 134 AD2d 116).
. CPL 220.10 (5) (a) (ii) provides that where an indictment charges a class A-II felony defined in article 220 of the Penal Law, a plea of guilty must include at least a plea of guilty to a class B felony.
. Defendant did not suggest that the illegal nature of Pantano’s plea arrangement was relevant to any other issue in the case.
Reference
- Full Case Name
- The People of the State of New York v. Fred P. Thomasula
- Cited By
- 2 cases
- Status
- Published