People v. Clairborne

Court: New York Court of Appeals
Date filed: 1972-01-14
Citations: 29 N.Y.2d 950, 280 N.E.2d 366, 329 N.Y.S.2d 580, 1972 N.Y. LEXIS 1546
Copy Citations
11 Citing Cases
Lead Opinion

Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim. Pro., § 543-b; CPL 470.40, subd. 2, par. [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; People v. Foster, 19 N Y 2d 150, 154; People v. Griffin, 7 N Y 2d 511, 515-516).

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.