PEOPLE v. FREDERICK


45 N.Y.2d 520 (1978)

The People of the State of New York, Respondent, v. Gary Frederick, Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1978.


Attorney(s) appearing for the Case

David S. Zapp for appellant.

Robert M. Morgenthau, District Attorney (Mark Dwyer, Robert M. Pitler and Charles H. Solomon of counsel), for respondent.

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


JASEN, J.

Framed for resolution on this appeal is the question whether the defendant was entitled to an evidentiary hearing to determine whether he was induced to plead guilty because of an off-the-record unfulfilled promise allegedly made to his attorney by the court.

Defendant, Gary Frederick, was arrested on September 29, 1972 for selling various quantities of cocaine, amphetamines and barbiturates...

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