People v. Carter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law, plea vacated and matter remitted to Niagara County Court for further proceedings on the indictment. Mem*1035orandum: At sentencing, defendant’s motion to withdraw her guilty plea was summarily denied by the court. Although a limited inquiry is generally sufficient for the court to make an informed determination on a motion to withdraw a guilty plea, it was error for the court to deny defendant’s motion without affording her a reasonable opportunity to present her contentions (People v Tinsley, 35 NY2d 926, 927; People v Johnson, 96 AD2d 516; People v…
2Cases cited3 opinions
- People v. TinsleyNew York Court of Appeals · 1974
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1983
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by4 opinions
- People v. DaysAppellate Division of the Supreme Court of the State of New York · 2015
- DAYS, RAYSHON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DaysAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TillinghastAppellate Division of the Supreme Court of the State of New York · 1991