PEOPLE v. NIXON


21 N.Y.2d 338 (1967)

The People of the State of New York, Respondent, v. Robert Nixon, Appellant. The People of the State of New York, Respondent, v. Clifford N. Fooks, Appellant. The People of the State of New York, Respondent, v. Donald Lang, Appellant. The People of the State of New York, Respondent, v. Joyce Robinson, Appellant. The People of the State of New York, Respondent, v. Carl Todzia, Appellant. The People of the State of New York, Respondent, v. Jacob Salome, Also Known as Jacob Solome, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.


Attorney(s) appearing for the Case

Martin Balsam for appellant in the first above-entitled action.

Isidore Dollinger, District Attorney (L. Jeffrey Weingard and Arnold Kideckel of counsel), for respondent in the first above-entitled action.

James P. Shea for appellant in the second above-entitled action.

William Cahn, District Attorney (Donald Paul De Riggi of counsel), for respondent in the second above-entitled action.

William E. Hellerstein, Kalman Finkel and Anthony F. Marra for appellant in the third above-entitled action.

Isidore Dollinger, District Attorney (Roy Broudny of counsel), for respondent in the third above-entitled action.

William E. Hellerstein and Anthony F. Marra for appellant in the fourth above-entitled action.

Isidore Dollinger, District Attorney (Arnold Kideckel of counsel), for respondent in the fourth above-entitled action.

Abraham Ziegler for appellant in the fifth above-entitled action.

Frank A. Gualtieri, Jr., District Attorney (Lucien Ali of counsel), for respondent in the fifth above-entitled action.

Nathan Z. Dershowitz and Anthony F. Marra for appellant in the sixth above-entitled action.

Thomas J. Mackell, District Attorney (Sidney Baumgarten of counsel), for respondent in the sixth above-entitled action.

Opinion by Judge BREITEL. All concur except Judge SCILEPPI, who dissents in People v. Lang, and votes to affirm the judgment therein and concurs in the remaining cases in an opinion, and Judges VAN VOORHIS and KEATING who concur in the result in each case in the following memorandum: We concur in the reversal of the judgment of conviction in People v. Lang for the reason that at the time of sentence Lang made clear that he did not understand what he was doing when he pleaded guilty and indicated that he desired to withdraw his plea. In the other cases we concur for affirmance for the reason stated by Judge SCILEPPI in his opinion.


BREITEL, J.

These six criminal cases involve, in one fashion or another, the taking of a plea of guilty to a lesser crime than that charged in the indictment. Questions are raised whether the pleading court has an obligation in every case to inquire of the defendant concerning his guilt and the propriety of the plea. Also at issue are the obligations of the court when the defendant on sentence interposes assertions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases