People v. Moore, 66 N.Y.2d 1028 (1985)
A guilty plea, once withdrawn, is inadmissible as evidence against the defendant for any purpose, including impeachment.
Summary
The New York Court of Appeals affirmed the lower court’s decision, reiterating the established rule that a withdrawn guilty plea is inadmissible in court for any purpose. This includes both the fact of the plea and the content of the plea allocution. The Court distinguished this case from People v. Evans, where a pre-plea statement was admissible because it was specifically bargained for as part of the plea agreement. The Court emphasized that using a withdrawn plea or its allocution against a defendant would be inherently unfair, as the People did not bargain for the subsequent use of those statements should the plea later be withdrawn.
Facts
The specific facts of the underlying crime are not detailed in this memorandum decision. The key fact is that the defendant had previously entered a guilty plea, which was subsequently withdrawn.
Procedural History
The lower court ruled that the withdrawn guilty plea was inadmissible. The People appealed this ruling. The Appellate Division affirmed. The New York Court of Appeals then reviewed the case.
Issue(s)
Whether a withdrawn guilty plea and statements made during the plea allocution are admissible as evidence against the defendant at trial.
Holding
No, because a withdrawn guilty plea is “out of the case forever and for all purposes.” The subsequent use of those statements should the plea later be withdrawn is not something the People have bargained for and would be decidedly unfair to the defendant.
Court’s Reasoning
The Court relied on established New York precedent, citing People v. Droz, People v. Spitaleri, and People v. Burd, which clearly state that a withdrawn guilty plea cannot be used against the defendant, either in the prosecution’s direct case or for impeachment purposes. The Court distinguished People v. Evans, explaining that in Evans, the pre-plea statement was admissible because it was a specific condition of the plea bargain. The Court reasoned that the People had bargained for that statement, and preventing its use would be unfair to the prosecution. In contrast, the Court stated, “The same considerations do not apply to the plea itself or to admissions made during the plea allocution since the subsequent use of those statements should the plea later be withdrawn is not something the People have bargained for and would be decidedly unfair to the defendant.” The key policy consideration is fairness to the defendant. To allow the use of a withdrawn plea would undermine the defendant’s right to withdraw the plea and proceed to trial. The Court emphasizes that a withdrawn plea is considered a nullity, and its content should not prejudice the defendant’s case.