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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERMIN FANINI, Appellant.

Judgment unanimously reversed on the law, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: Shortly before defendant entered his plea of guilty with a sentencing promise of 8 years to life, County Court stated to defendant, "Eight to life * * * What you would receive in the event of a conviction would be twenty-five". That statement constitutes coercion, rendering the plea involuntary and requiring its vacatur (see, People v Glasper, 14 N.Y.2d 893; People v Christian [appeal No. 2], 139 A.D.2d 896, lv denied 71 N.Y.2d 1024; People v Beverly, 139 A.D.2d 971).

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PEOPLE v. FANINI
(Dec 22, 1995)