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PEOPLE v. FANINI

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 22, 1995

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).