Majority
p. 731The People of the State of New York, Respondent, v. Otes Gileseria Rodriguez, Appellant.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Petitioner’s allegations that his plea of guilty was coerced by threats made to him by an Assistant District Attorney and his own counsel are sufficient to raise a triable issue as to the voluntariness of his plea, which should be resolved at a hearing. (People v. Picciotti, 4 N Y 2d 340 , 345.) (Appeal from order of Erie County
p. 732
Court denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered June 28, 1967.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.
Cases cited
- People v. Picciotti 4 N Y 2d 340 at 345 p. 731