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Home / Case Digests / Court of Appeals — Plea Agreement: People v. Tyrell; People v. Tyrell

Court of Appeals — Plea Agreement: People v. Tyrell; People v. Tyrell

New York State Court of Appeals

Plea Agreement

Waiver

People v. Tyrell; People v. Tyrell
Nos. 230 & 231
Judge Graffeo

Background: In both cases, the defendant was charged with drug possession. When advised that an adjournment in contemplation of dismissal was not available, his counsel withdrew the not guilty plea and entered a plea of guilty. In the second case, he counsel stated that the defendant was accepting a plea offer. In both cases, a sentenced was imposed by the presiding judge with no colloquy.

Ruling: The Court of Appeals vacated the convictions. The court held that there was no record as to whether the defendant had knowingly and voluntarily waived his rights to trial by jury, the right to confront his accusers and the privilege of self-incrimination.

Both cases: Harold V. Ferguson Jr. for the appellant; Ryan Gee for the respondent