PEOPLE v. SELIKOFF


35 N.Y.2d 227 (1974)

The People of the State of New York, Respondent, v. Sheldon Selikoff, Appellant. The People of the State of New York, Respondent, v. Tim Campbell, Appellant. The People of the State of New York, Respondent, v. Robert Davidson, Appellant.

Court of Appeals of the State of New York.

Argued September 5, 1974.

Decided October 7, 1974.


Attorney(s) appearing for the Case

Irving Anolik for appellant in the first above-entitled action.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondent in the first above-entitled action.

Richard H. Kuh, District Attorney of New York County (Lewis R. Friedman and Allen G. Swan of counsel), amicus curiae in the first above-entitled action.

Henry J. Boitel and Stanley M. Hyman for appellant in the second above-entitled action.

Richard H. Kuh, District Attorney (Lewis R. Friedman and Allen G. Swan of counsel), for respondent in the second above-entitled action.

Irving Anolik for appellant in the third above-entitled action.

Richard H. Kuh, District Attorney (Anthony J. Girese and Lewis R. Friedman of counsel), for respondent in the third above-entitled action.

Judges GABRIELLI, JONES, WACHTLER, RABIN and WITMER concur; Judge STEVENS taking no part.


Chief Judge BREITEL.

These three appeals by defendants present issues arising from convictions based on negotiated guilty pleas. They raise the question whether a defendant may show that his guilty plea to a lesser crime was induced by an off-the-record unfulfilled promise, although contradicted by the recorded colloquy on the taking of the plea. Also at issue is whether a defendant is entitled to be sentenced...

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