Legal Opinion
People v. Robertson
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998PublishedCited by 19 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court abused its discretion in denying his motion to withdraw the guilty plea. Permission to withdraw a guilty plea rests solely within the court’s discretion (see, CPL 220.60 [3]; People v Cance, 155 AD2d 764, 764-765; People v Kelsch, 96 AD2d 677), and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea (see, People v Cance, supra, at 764-765; People v Randolph, 78 AD2d 566). The…
2Cases cited5 opinions
- People v. TinsleyNew York Court of Appeals · 1974
- People v. KelschAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CanceAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RandolphAppellate Division of the Supreme Court of the State of New York · 1980
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by19 opinions
- People v. PaneAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DegreeAppellate Division of the Supreme Court of the State of New York · 2000
- People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2003
- People v. HerneAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 1999
14 more not listed; retrieve them via the Exa API.