People v. Pichardo

Summary

The New York Court of Appeals held that a defendant could withdraw a guilty plea when it was induced by an explicit promise that the sentence would run concurrently with a murder sentence that was later vacated. The court rejected the argument that the promise had been fulfilled because the defendant had already served the drug sentence concurrently with the subsequently vacated murder sentence. The court reversed the Appellate Division and reinstated the order vacating the plea.

Holdings

1. When a guilty plea is induced by the court's explicit promise that the defendant will receive a lesser sentence to run concurrently with a sentence in another case, and the other conviction is later overturned, the defendant may withdraw the plea and face the indictment because the sentencing promise cannot be kept.
2. The defendant's completion of the drug sentence did not preclude vacatur of the plea when the conviction supporting the promised concurrent sentence was later vacated.

Questions Presented

1. Whether a defendant may withdraw a guilty plea when the plea was induced by the court's explicit promise that the sentence would run concurrently with a sentence imposed in another case and that other conviction was later vacated.
2. Whether the fact that the defendant had already completed the lesser sentence rendered plea vacatur unwarranted.

Disposition

reversed