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BECAUSE A MATERIAL INDUCEMENT TO DEFENDANT’S GUILTY PLEA WAS NULLIFIED THE PLEA MUST BE VACATED (THIRD DEPT).

The Third Department, reversing defendant’s conviction by guilty plea, determined the complicated facts of this case nullified  a benefit that was expressly promised as inducement to a guilty plea. Defendant had pled guilty to burglaries in two counties (Schenectady and Albany) as a persistent felony offender. Both persistent felony offender guilty pleas were overturned. His subsequent plea was reversed in this case:

Defendant pleaded guilty here upon the understanding that the imposed sentence would run concurrently to the aggregate prison sentence of 16½ years to life imposed in Albany County. He was also aware that a higher aggregate sentence would be imposed in Albany County if he successfully challenged his status as a persistent violent felony offender, and Supreme Court promised that any resentence in this case would run concurrently to that increased sentence.

During the pendency of this appeal, this Court reversed the judgment of conviction in Albany County, vacated defendant’s guilty plea and remitted for further proceedings … . The sentencing exposure that prompted defendant’s concern about concurrent sentencing here accordingly dissolved and, indeed, he entered into a new plea arrangement in Albany County where he received, among other things, a much shorter prison term of six years. In short, the “reduction of the preexisting sentence [in Albany County] nullified a benefit that was expressly promised and was a material inducement to the guilty plea” here … . Inasmuch as “we cannot say that defendant would have foregone pretrial and trial rights and pleaded guilty” had he known that his guilty plea in Albany County would be vacated, his plea must also be vacated here … . People v Brewington, 2018 NY Slip Op 04035, Third Dept 6-7-18

​CRIMINAL LAW (PLEA AGREEMENTS, BECAUSE A MATERIAL INDUCEMENT TO DEFENDANT’S GUILTY PLEA WAS NULLIFIED THE PLEA MUST BE VACATED (THIRD DEPT))/PLEA AGREEMENTS (BECAUSE A MATERIAL INDUCEMENT TO DEFENDANT’S GUILTY PLEA WAS NULLIFIED THE PLEA MUST BE VACATED (THIRD DEPT))/GUILTY PLEAS (PLEA AGREEMENTS, BECAUSE A MATERIAL INDUCEMENT TO DEFENDANT’S GUILTY PLEA WAS NULLIFIED THE PLEA MUST BE VACATED (THIRD DEPT))

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QUESTION OF FACT WHETHER AN ORAL CONTRACT WAS FORMED (THIRD DEPT). COUNTY COURT SHOULD HAVE INQUIRED INTO THE REASON FOR DEFENDANT’S FAILURE...