PEOPLE v. OUTLEY


80 N.Y.2d 702 (1993)

The People of the State of New York, Respondent, v. Willie Outley, Appellant. The People of the State of New York, Respondent, v. Michael Maietta, Also Known as Michael Maletta, Appellant. The People of the State of New York, Respondent, v. Jose Ogtong, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1993.


Attorney(s) appearing for the Case

Lee D. Greenstein, Albany, for appellant in the first above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Robin A. Forshaw, Barbara D. Underwood and Daniel J. O'Reilly of counsel), for respondent in the first above-entitled action.

Thomas M. O'Brien, New York City, for The Legal Aid Society, amicus curiae, in the first above-entitled action.

Proskauer Rose Goetz & Mendelsohn, New York City (Steven C. Krane and Bruce G. Hart, Jr., of counsel), for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner and Peter D. Coddington of counsel), for respondent in the second above-entitled action.

Richard Sweren, New York City, for appellant in the third above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Robin A. Forshaw, Barbara D. Underwood and Daniel J. O'Reilly of counsel), for respondent in the third above-entitled action.

Acting Chief Judge SIMONS and Judges TITONE, BELLACOSA and WEISS concur; Judges KAYE and SMITH taking no part.


HANCOCK, JR., J.

In these cases, the courts, in accepting guilty pleas, expressly conditioned the agreed-upon sentences on defendants not being arrested while on release awaiting sentence. Defendants, although arrested on additional charges prior to their sentencing dates, specifically denied the commission of any criminal acts and claimed that there was no basis for their arrests. Despite their denials...

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