PEOPLE v. GRANT

2008-01623.

61 A.D.3d 177 (2009)

873 N.Y.S.2d 355

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY E. GRANT, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 24, 2009.


Attorney(s) appearing for the Case

Howard R. Birnbach, Great Neck, for appellant.

Kathleen M. Rice, District Attorney, Mineola (Judith R. Sternberg and Barbara Kornblau of counsel), for respondent.

COVELLO, McCARTHY and LEVENTHAL, JJ., concur.


OPINION OF THE COURT

Fisher, J.P.

The defendant here pleaded guilty only after the court told him that, if he did not, he would be remanded until his next scheduled court appearance. The issue presented on this appeal is whether the plea was voluntary. We hold that it was not.

In November 2005, the People filed a felony complaint charging the defendant with two counts of falsifying business records in the first degree. He was arraigned on the complaint...

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