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People v. Clairborne

29 N.Y.2d 950 Court N.Y. Decision date 1972-01-14 English

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p. 950
The People of the State of New York, Appellant, v. Ruth Clairborne, Respondent.
Argued January 6, 1972;
decided January 14, 1972.
p. 951
Jerome 8. Cohen, Acting District Attorney (Lawrence X. Kennedy of counsel), for appellant.
Max Levinson for respondent.

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.

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