Legal Opinion

People v. Tavares

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 2013PublishedCited by 15 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered March 15, 2012, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion (see People v Seeber, 4 NY3d 780 [2005]; People v McClurkin, 96 AD3d 784, 785 [2012]; People v Bivens, 88 AD3d 808 [2011]; People v Mann,…

2Cases cited15 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. FiumefreddoNew York Court of Appeals · 1993
  3. People v. SeeberNew York Court of Appeals · 2005
  4. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. MannAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by15 opinions

  1. People v. MarryshowAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. LicausiAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. GomezAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. HolcombeAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. McCrackenAppellate Division of the Supreme Court of the State of New York · 2016

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