People v. Fanini
| Decision Date | 22 December 1995 |
| Citation | 635 N.Y.S.2d 896,222 A.D.2d 1111 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Fermin FANINI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth by Philip Rothschild, Syracuse, for appellant.
William J. Fitzpatrick by James Maxwell, Syracuse, for respondent.
Before PINE, J.P., and LAWTON, WESLEY, DAVIS and BOEHM, JJ.
Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five". That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v. Glasper, 14 N.Y.2d 893, 252 N.Y.S.2d 92, 200 N.E.2d 776; People v. Christian [appeal No. 2], 139 A.D.2d 896, 527 N.Y.S.2d 1020, lv. denied 71 N.Y.2d 1024, 530 N.Y.S.2d 559, 526 N.E.2d 51; People v. Beverly, 139 A.D.2d 971, 528 N.Y.S.2d 450).
Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment.
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People v. Kelley
... ... Flinn, 60 A.D.3d 1304, 1305, 875 N.Y.S.2d 364;see People v. Fanini, 222 A.D.2d 1111, 1111, 635 N.Y.S.2d 896). In light of our decision, we do not address defendant's remaining contentions. It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Onondaga County ... ...