People v. Clairborne

N.Y.

Court: New York Court of Appeals

Citations: 29 N.Y.2d 950, 329 N.Y.S.2d 580, 280 N.E.2d 366, 1972 N.Y. LEXIS 1546

Decision Date: 1/14/1972

Jurisdiction: NY

Bluebook Citation: People v. Clairborne, 29 N.Y.2d 950, 329 N.Y.S.2d 580, 280 N.E.2d 366, 1972 N.Y. LEXIS 1546 (1972)

More Cases: N.Y. decisions from 1972

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★Highly CitedTop 2% most-cited · cited by 107 decisions

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Courts citing this case

N.Y. App. Div.85

N.Y.7

N.Y. App. Term.5

S.D.N.Y.2

Auburn City Ct.1

Md. Ct. Spec. App.1

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Opinion

The People of the State of New York, Appellant, v. Ruth Clairborne, Respondent.

Attorneys

Jerome 8. Cohen, Acting District Attorney (Lawrence X. Kennedy of counsel), for appellant.
Max Levinson for respondent.

majority

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.