Legal Opinion

People v. Carter

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

Decided November 15, 1988PublishedCited by 4 opinions

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

  1. People v. TinsleyNew York Court of Appeals · 1974
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by4 opinions

  1. People v. DaysAppellate Division of the Supreme Court of the State of New York · 2015
  2. DAYS, RAYSHON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. DaysAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. TillinghastAppellate Division of the Supreme Court of the State of New York · 1991

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