Gribetz, Matter of
| Decision Date | 05 December 1978 |
| Citation | 66 A.D.2d 788,410 N.Y.S.2d 873 |
| Parties | In the Matter of Kenneth GRIBETZ, District Attorney of Rockland County, petitioner (Harry Edelstein, Judge of the County Court, respondent). |
| Court | New York Supreme Court — Appellate Division |
Before HOPKINS, J. P., and MARTUSCELLO, GULOTTA and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 by Kenneth Gribetz, the District Attorney of Rockland County, to prohibit the respondent, a County Court Judge, from accepting a guilty plea, without the consent of the petitioner, in the case of People v. Lane, 62 A.D.2d 1182, 404 N.Y.S.2d 934, now pending before him, and to compel respondent to vacate any plea already taken in such case.
Petition granted, on the law, without costs or disbursements, and respondent is directed to vacate the plea of guilty already accepted by him from the defendant Lane.
Clifford Lane and another were charged in a four-count indictment, with the crimes of burglary in the third degree, grand larceny in the third degree, criminal possession of stolen property in the second degree and criminal mischief in the fourth degree. At a plea bargaining conference, an Assistant District Attorney agreed to accept guilty pleas from each defendant to burglary in the third degree in full satisfaction of the indictment; thereafter, Lane stated that he wanted to accept the plea bargain offered; his codefendant did not want to accept the offer. It was the People's position...
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People v. Brundage
...accept the plea as offered rendered the court without authority to accept the plea. As stated by this court in Matter of Gribetz v. Edelstein, 66 A.D.2d 788, 410 N.Y.S.2d 873: "A District Attorney may dictate the terms under which he will agree to consent to accept a guilty plea and where h......
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Benjamin S., Matter of
...consent * * * renders the court without authority to accept a plea to anything less than the entire indictment" (Matter of Gribetz v. Edelstein, 66 A.D.2d 788, 410 N.Y.S.2d 873). Moreover, "the statutory requirement of consent by the People to the acceptance of a reduced plea can hardly be ......
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People v. Rodriguez
...323 N.E.2d 175; People v. Guin, 243 A.D.2d 649, 663 N.Y.S.2d 621; People v. Antonio, 176 A.D.2d 528, 574 N.Y.S.2d 718; Matter of Gribetz, 66 A.D.2d 788, 410 N.Y.S.2d 873). Given the foregoing, the count of burglary in the third degree is reinstated and the matter is remitted to the Supreme ......
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People v. Moquin
...to the remaining seven counts ineffective for lack of the prosecutorial consent required by CPL 220.10(4) (see, Matter of Gribetz v. Edelstein, 66 A.D.2d 788, 410 N.Y.S.2d 873). To hold otherwise would effectively prevent the District Attorney from ever appealing from the dismissal of a cou......
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40-d-2 Factors Making a Plea Not Voluntary, Knowing, or Intelligent
...154. People v. Antonio, 176 A.D.2d 528, 528, 574 N.Y.S.2d 718, 719 (1st Dept. 1991); see also Gribetz v. Edelstein, 66 A.D.2d 788, 788, 410 N.Y.S.2d 873, 874 (2d Dept. 1978) (holding that a district attorney could dictate the terms under which he would consent to accept a plea agreement, wh......