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PEOPLE v. BARET

11 N.Y.3d 31 (2008)

2008 NY Slip Op 05771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMAN BARET, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin and Joseph N. Ferdenzi of counsel), for respondent.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge JONES dissents and votes to reverse in a opinion.

OPINION OF THE COURT

SMITH, J.

We hold that the courts below did not abuse their discretion in rejecting, without a hearing, the claim of defendant-appellant, Roman Baret, that his guilty plea was the result of threats made by his codefendant.

Baret and Reynardo Nunez were charged with sale of cocaine and possession of cocaine with intent to sell it. The People offered them a plea bargain under which Baret would plead guilty to one count of sale...

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