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People v. Caputo

Court of Appeals of the State of New York
Feb 12, 1975
325 N.E.2d 164 (N.Y. 1975)

Opinion

Argued January 15, 1975

Decided February 12, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOUGLAS F. YOUNG, J.

Allen M. Kranz, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney ( Herbert Esrick and Thomas R. Hession of counsel), for respondent.


MEMORANDUM. Critical to defendant's rights to be relieved of his plea of guilty is whether he was misled by the court's advice to him before his guilty plea was accepted. To establish reliance on the representations made to him he would have been required to show that he believed them and that he was not otherwise advised by his lawyer or anyone else before he pleaded guilty. He could have done this by a motion to vacate his plea or by way of a motion to vacate the judgment of conviction under CPL 440.10 supported by an affidavit or affidavits showing justifiable reliance. Since this was not done the order of the Appellate Division should be affirmed.

Chief Judge BREITEL and Judge JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in memorandum.


Summaries of

People v. Caputo

Court of Appeals of the State of New York
Feb 12, 1975
325 N.E.2d 164 (N.Y. 1975)
Case details for

People v. Caputo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT CAPUTO…

Court:Court of Appeals of the State of New York

Date published: Feb 12, 1975

Citations

325 N.E.2d 164 (N.Y. 1975)
325 N.E.2d 164
365 N.Y.S.2d 847

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