PEOPLE v. PIANTINI


161 A.D.2d 493 (1990)

The People of the State of New York, Respondent, v. Jose Piantini, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 24, 1990


Defendant challenges his status as a second felony offender, claiming that his previous conviction in 1985 for first degree attempted burglary was unconstitutionally obtained. In that regard, he contends that the court accepted the plea despite the existence of facts which tended to indicate the possibility of a duress defense, that he never admitted his intent to commit burglary and that the prosecutor failed to honor his agreement to make no recommendation regarding sentence...

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