[Download] "People State New York v. Patricia Bartley" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Patricia Bartley
- Author : Court of Appeals of New York
- Release Date : January 03, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Defendant does not dispute that the courts acceptance of her plea (to the class D felony in satisfaction of an indictment including a post-September 1, 1973 A-II felony count) was erroneous as a matter of law as prohibited by explicit provision of statute (CPL 220.10, subd 6, par [a]). Realistically the plea bargain must be considered as a non-severable entity, and accordingly the bargain in its entirety was a total nullity as to all six counts of the indictment. The invalidity of the acceptance of the plea having been brought to its attention, the court exercised its inherent power to correct its own error. (Cf. Matter of Cosgrove v Kubiniec, 56 A.D.2d 709; People v Darling, 50 A.D.2d 1038; Matter of Blumberg v Lennon, 44 A.D.2d 769; Matter of McDonald v Sobel, 272 App Div 455 [vacaturs of guilty pleas entered in contravention of statute].) The court thereupon properly vacated the plea of guilty as to the one count and reinstated the not guilty pleas as to all six counts. Defendant was thereafter retried on the three post-September 1, 1973 counts of the indictment.