People v. Clairborne
| Decision Date | 14 January 1972 |
| Citation | 29 N.Y.2d 950,280 N.E.2d 366,329 N.Y.S.2d 580 |
| Parties | , 280 N.E.2d 366 The PEOPLE etc., Appellant, v. Ruth CLAIRBORNE, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim.Pro., § 543--b; C.P.L. 470.40(2)(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, 321 N.Y.S.2d 74, 269 N.E.2d 794; People v. Foster, 19 N.Y.2d 150, 154, 278 N.Y.S.2d 603, 225 N.E.2d 200; People v. Griffin, 7 N.Y.2d 511, 515--516, 199 N.Y.S.2d 674, 166 N.E.2d 684).
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People v. Pelchat
... ... We have held that a defendant who accepts a bargained plea to a lesser included offense may not challenge the sufficiency of the Grand Jury evidence supporting the charge in the indictment (People v. Kazmarick, 52 N.Y.2d 322, 326, 438 N.Y.S.2d 247, 420 N.E.2d 45; People v. Clairborne, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 280 N.E.2d 366) and that is so even if there are technical defects in the proceedings, if the defects do not impair the integrity of the Grand Jury process (see People v. Dunbar, 53 N.Y.2d 868, 440 N.Y.S.2d 613, 423 N.E.2d 36). By pleading, defendant has elected ... ...
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People v. Thiam
...94, 525 N.E.2d 740 [1988] ; People v. Francis , 38 N.Y.2d 150, 155, 379 N.Y.S.2d 21, 341 N.E.2d 540 [1975] ; People v. Clairborne , 29 N.Y.2d 950, 951, 329 N.Y.S.2d 580, 280 N.E.2d 366 [1972] ; People v. Foster , 19 N.Y.2d 150, 153, 278 N.Y.S.2d 603, 225 N.E.2d 200 [1967] ; People v. Griffi......
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Torres v. McGrath, 04 Civ. 7971(DC).
... ... at 3). Torres further acknowledged his understanding that by pleading guilty he was waiving his rights to confront the People's witnesses and to present evidence on his own behalf. ( Id. at 3-4) ... The court did not elicit the specific facts of the ... Clairborne, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 580, 280 N.E.2d 366 (1972))). He also rejected Torres's contention that his attorney had coerced him into pleading ... ...
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Fambo v. Smith
...by New York State law. See People v. Griffin, 7 N.Y.2d 511, 199 N.Y.S.2d 674, 166 N.E.2d 684 (1960); People v. Clairborne, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 280 N.E.2d 366 (1972). Cf. Federal Rules of Criminal Procedure, Rule 11.1 Nor did the trial court make an on-the-record attempt to sati......
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