People State New York Ex Rel. John S. Hall v. Eugene S. Lefevre

Appeal from a judgment of the Supreme Court at Special Term (Dier, J.), entered June 8, 1982 in Clinton County, which sustained a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, voided petitioners plea and sentence, returned petitioner to Broome County, and fixed bail at $50,000. On February 13, 1981, petitioner Haralambou (petitioner) was convicted of the crime of reckless endangerment, first degree, in Broome County Court, upon his plea of guilty, and was sentenced to a term of two to four years imprisonment as a second felony offender. No appeal was taken from the judgment. By petition verified April 16, 1982, petitioner commenced this proceeding seeking a writ of habeas corpus upon the ground that during the allocution at sentencing, the court failed to fully apprise him of the consequences of his plea of guilty, and failed to make sufficient inquiry as to the voluntariness of the plea. In addition, he challenged the courts failure to obtain a presentence report prior to sentencing (CPL 390.20, subd 1). Special Term sustained the writ, nullified the plea and sentence, and ordered petitioner remanded to the Broome County [92 A.D.2d 956 Page 957]