Matter of Kisloff v. Covington – Case Brief Summary (New York)

In Matter of Kisloff v. Covington, 73 NY2d 445, 539 NE2d 565, 541 NYS2d 737 [1989], the Court of Appeals rejected the People's post-judgment effort to vacate a plea that had been accepted at a time when all parties were laboring under the misimpression that the crime to which the defendant had pleaded was a class E felony when, in fact, it was a class A misdemeanor.

As a result of the error, the defendant's request to be resentenced as a class A misdemeanor had to be granted, and the People were deprived of the benefit of the plea bargain to which they had agreed.

New York Appeal Case Brief Crime Felony Judgment Misdemeanor Plea Plea Bargain Sentence

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