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PEOPLE v. WELLS

No. 188.

21 N.Y.3d 716 (2013)

2013 NY Slip Op 7511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL D. WELLS, Appellant.

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Steven Banks , Legal Aid Society, Criminal Appeals Bureau, New York City ( Harold V. Ferguson, Jr. , of counsel), for appellant.

Robert T Johnson , District Attorney, Bronx ( Orrie A. Levy , Megan R. Roberts , Joseph N Ferdenzi and Nancy Killian of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, SMITH, RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge PIGOTT dissents and votes to affirm in an opinion.

OPINION OF THE COURT

GRAFFEO, J.

People v Grant (45 N.Y.2d 366 [1978]) established that the harmless error doctrine generally cannot be used to uphold a guilty plea that is entered after the improper denial of a suppression motion. People v Lloyd (66 N.Y.2d 964 [1985]), however, recognized that there are exceptions to this principle...

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