PEOPLE v. ROCCO


28 A.D.2d 712 (1967)

The People of the State of New York, Respondent, v. James Rocco, Thomas Selkirk and Andrew Stauss, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1967


In our opinion, a hearing is required on defendants' allegations that they were coerced into pleading guilty by a threat by the court that he would impose life sentences if they insisted on standing trial and were convicted, but would impose much lighter sentences if they pleaded guilty. At such hearing, John Larkin, Esq., who represented two of the defendants at the time they pleaded guilty, may be subpœnaed if he refuses to testify voluntarily. Since the Justice who...

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