PEOPLE v. CAPUTO


36 N.Y.2d 653 (1975)

The People of the State of New York, Respondent, v. Vincent Caputo, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1975.


Attorney(s) appearing for the Case

Allen M. Kranz, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Herbert Esrick and Thomas R. Hession of counsel), for respondent.

Chief Judge BREITEL and Judge JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Critical to defendant's rights to be relieved of his plea of guilty is whether he was misled by the court's advice to him before his guilty plea was accepted. To establish reliance on the representations made to him he would have been required to show that he believed them and that he was not otherwise advised by his lawyer or anyone else before he pleaded guilty. He could have done this by a motion to vacate...

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