PEOPLE v. THOMAS


53 N.Y.2d 338 (1981)

The People of the State of New York, Appellant, v. James Thomas, Also Known as Willie Thomas, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1981.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Michael J. Halberstam of counsel), for appellant.

Barry Gene Rhodes for respondent.

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


MEYER, J.

The legal sufficiency of a conceded set of facts to support a judgment of conviction entered upon a guilty plea may not be saved for appellate review by conditioning the plea on defendant's right to appeal that issue, even though the prosecutor consents to, and the Trial Judge approves, the entry of such a conditional plea. Because defendant's pleas were conditioned upon the power of the prosecutor...

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