PEOPLE v. FLOWERS


30 N.Y.2d 315 (1972)

The People of the State of New York, Respondent, v. Richard Flowers, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1972.


Attorney(s) appearing for the Case

Lawrence Stern and Leonard Rubin for appellant.

Thomas J. Mackell, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.

William A. Nelson and William E. Hellerstein for The Legal Aid Society, amicus curiae.

Chief Judge FULD and Judges BURKE and GIBSON concur with Judge BREITEL; Judge JASEN dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and BERGAN concur.


BREITEL, J.

Defendant, convicted of felony on his plea of guilty, has sought to set aside his plea on the ground that it was exacted from him by the duress of circumstances. The ground is one often asserted, and entitled more often than not to short shrift when supported only by the convicted defendant's say-so. What distinguishes this case is that during prior court proceedings and from information supplied...

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