You are here: / / JUDGE SHOULD NOT HAVE ALLOWED DEFENDANT TO PLEAD TO A LESSER OFFENSE WITHOUT...
,

JUDGE SHOULD NOT HAVE ALLOWED DEFENDANT TO PLEAD TO A LESSER OFFENSE WITHOUT THE PROSECUTOR’S PERMISSION, HOWEVER NEITHER A WRIT OF PROHIBITION NOR A WRIT OF MANDAMUS WAS WARRANTED (THIRD DEPT).

The Third Department determined the writ of prohibition against a judge for accepting a plea to a lesser offense without the prosecutor’s permission was not warranted because the judge (the respondent) acknowledged the mistake. The court further determined it did not have the authority to grant the writ of mandamus, seeking vacation of the plea and reinstatement of the more serious charge, because the plea had already been entered and the conditional discharge sentence had been commenced:

​

Under CPL 220.10 (3), “the defendant may, with both the permission of the court and the consent of the people, enter a plea of guilty of a lesser included offense.” “Where the record shows that the prosecutor’s consent to a plea is premised on a negotiated sentence and a lesser sentence is later deemed more appropriate, the People should be given the opportunity to withdraw their consent” … . Respondent concedes in his brief that he committed a legal error in accepting Hernandez’s plea to a reduced charge without petitioner’s consent. The question therefore distills to whether a writ of prohibition or writ of mandamus is warranted given that Hernandez’s guilty plea has already been accepted, she was already sentenced by respondent to, among other things, a one-year conditional discharge period and such period expired in November 2017.

“[T]he extraordinary remedy of prohibition is only available where a body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction and there is a clear legal right to such relief” … . Petitioner seeks a writ of prohibition to prohibit respondent from accepting guilty pleas to reduced charges in the future without his consent. Respondent, however, noted at the sentencing hearing that this was the first time that he had ever reduced a charge without petitioner’s consent and that he did so “under the circumstances of [the] case.” Given that the record does not indicate that respondent has undertaken such similar action in the past or has expressed an intention to do so in the future, and taking into account respondent’s concession that his actions were erroneous, petitioner is not entitled to a writ of prohibition … . Matter of Carnright v Williams, 2018 NY Slip Op 00206, Third Dept 1-11-18

You might also like
NO CHILD SUPPORT OR MAINTENANCE ORDER WAS IN EFFECT AT THE TIME HUSBAND MOVED TO REDUCE HIS OBLIGATION BECAUSE OF A LOSS OF EMPLOYMENT, THE CHILD SUPPORT AND MAINTENANCE PROVISIONS OF THE SEPARATION AGREEMENT, WHICH WAS NOT MERGED INTO THE DIVORCE DECREE, CONTROLLED, HUSBAND DID NOT DEMONSTRATE THE SETTLEMENT AGREEMENT WAS INVALID (THIRD DEPT).
FAILURE TO WARN CAUSE OF ACTION IN THIS PRODUCTS LIABILITY CASE PROPERLY SURVIVED SUMMARY JUDGMENT, PLAINTIFF’S CLOTHES CAUGHT FIRE WHEN SHE STOOD NEAR A PROPANE HEATER, QUESTIONS OF FACT WHETHER THE WARNING WAS ADEQUATE AND WHETHER FAILURE TO WARN WAS A PROXIMATE CAUSE (THIRD DEPT).
Defendant’s Papers Deemed Insufficient to Trigger Need for Suppression Hearing
Documents Relevant to a Civil Investigation by the Department of Taxation and Finance Were Not Protected from FOIL Disclosure by a Statute which Specifically Relates to Criminal Investigations
Prior Owner of a Nursing Home Did Not Have Standing to Seek Payments from Medicaid for the Period During His Ownership—Only the Current Owner/Operator of the Nursing Home Had Standing
FAILURE TO SPECIFY WHEN THE OBJECTION TO BE REVIEWED WAS MADE IN ANSWER TO QUESTION 15 OF THE APPLICATION JUSTIFIED THE BOARD’S REFUSING TO REVIEW IT, DESPITE THE FACT THAT THE DATE OF THE RELEVANT HEARING WAS INDICATED ELSEWHERE IN THE APPLICATION (SECOND DEPT).
ALTHOUGH DEFENDANT PLED GUILTY TO MANSLAUGHTER AND ATTEMPTED ASSAULT PURSUANT TO A PLEA AGREEMENT WITH A NEGOTIATED SENTENCE, THE CONSECUTIVE SENTENCES WERE ILLEGAL; THERE WAS NO PROOF IN THE PLEA ALLOCUTION THAT THE DEFENDANT FIRED MORE THAN ONE BULLET (THERE WAS A SECOND SHOOTER) (THIRD DEPT).
DEFENDANT’S REQUEST TO REPRESENT HIMSELF SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED 3RD DEPT.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S... APPEAL OF SORA RISK ASSESSMENT NOT PROPERLY BEFORE THE APPELLATE DIVISION, COUNTY...