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People v. Elfe

18 N.Y.2d 601 Court N.Y. Decision date 1966-07-07 English

Judges Concur: Chief Judge Desmond and Judges Fund, Van Voobhis, Bueke and Beegan. Judges Scileppi and Keating dissent and vote to affirm upon the authority of People v. Scott (10 N Y 2d 380) and People v. Dash (16 N Y 2d 493).

Contents

Majority

p. 601
The People of the State of New York, Respondent, v. William Elfe, Appellant.
Argued June 7, 1966;
decided July 7, 1966.
p. 602
Betty D. Friedlander for appellant.
Frank 8. Hogan, District Attorney (Erie A. Seijf and H. Richard Uviller of counsel), for respondent.

Order reversed and. case remitted to Supreme Court, New York County, for a hearing. The factual allegations that petitioner was coerced into pleading guilty by .threats made directly to him by the Judge and District Attorney are sufficient on their face to require a hearing. (People v. Glasper, 14 N Y 2d 893 ; People v. Zilliner, 14 N Y 2d 834 ; People v. Pearson. 12 N Y 2d 978 .)

Concur: Chief Judge Desmond and Judges Fund, Van Voobhis, Bueke and Beegan. Judges Scileppi and Keating dissent and vote to affirm upon the authority of People v. Scott ( 10 N Y 2d 380 ) and People v. Dash ( 16 N Y 2d 493 ).

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