People v. Blades

In People v. Blades (93 NY2d 166), the defendant and Marshall were indicted for burglary in the first and second degrees predicated on their having entered into a dwelling armed with a pipe and what appeared to be a handgun. Prior to trial, Marshall pleaded guilty to attempted burglary in the first degree in full satisfaction of the indictment. In his plea allocution, Marshall admitted having illegally entered the victims' dwelling armed with an air pistol. At that point, he had admitted all the essential elements of the crimes for which he had been indicted. However, in accordance with the plea bargain, he then allocuted to the fact that Blades had been his accomplice and had been armed with a pipe. After Marshall refused on Fifth Amendment grounds to testify, Marshall's allocution, with Blades' name redacted, was read to the jury. The Court of Appeals held this to be error. That Court ruled that once Marshall had allocuted to personally committing all the essential elements of the crimes with which he had been charged, his allocution with respect to Blades "fail[ed] to negatively impact a legally cognizable penal interest." (People v. Blades, 93 NY2d 166, 175, supra.) Since this part of the allocution was obviously provided so that Marshall could obtain the benefit of the plea bargain without, concomitantly, placing himself in jeopardy, it was unreliable and inadmissible. (Supra at 175-177.)