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PEOPLE v. RODRIGUEZ

34 A.D.2d 731 (1970)

The People of the State of New York, Respondent, v. Otes Gileseria Rodriguez, Appellant

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

April 9, 1970

Order unanimously reversed and matter remitted to Erie County Court for a hearing.

Memorandum:

Petitioner's allegations that his plea of guilty was coerced by threats made to him by an Assistant District Attorney and his own counsel are sufficient to raise a triable issue as to the voluntariness of his plea, which should be resolved at a hearing. (People v. Picciotti, 4 N.Y.2d 340

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