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People v. Marrero
Citations: 821 N.E.2d 968; 3 N.Y.3d 762; 788 N.Y.S.2d 663; 2004 N.Y. LEXIS 3726
Court: New York Court of Appeals; December 1, 2004; New York; State Supreme Court
The Court of Appeals of the State of New York affirmed the Appellate Division's order regarding the case of The People of the State of New York v. Jose Marrero. The primary issue was the adjudication of Marrero as a second felony offender due to a mutual mistake between the parties. The Appellate Division permitted the prosecution to allege a different prior felony conviction for this adjudication. The court referenced Matter of Kisloff v. Covington, establishing that if Marrero cannot be adjudicated as a second felony offender, the prosecution cannot withdraw its consent to his guilty plea. The decision emphasizes the importance of maintaining the integrity of plea agreements despite errors in adjudication. The order from the Appellate Division was thus upheld.