PEOPLE v. BARTLEY


47 N.Y.2d 965 (1979)

The People of the State of New York, Respondent, v. Patricia Bartley, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1979.


Attorney(s) appearing for the Case

Rita Hayman for appellant.

Robert M. Morgenthau, District Attorney (Richard Hamburger and Robert M. Pitler of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant does not dispute that the court's acceptance of her plea (to the class D felony in satisfaction of an indictment including a post-September 1, 1973 A-II felony count) was erroneous as a matter of law as prohibited by explicit provision of statute (CPL 220.10, subd 6, par [a]). Realistically the plea bargain must be considered as a nonseverable...

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