Hoffman v. Fisher

Proceeding pursuant to CPLR article 78, inter alia, to compel the respondents to reinstate *827the petitioner’s plea of guilty to assault in the third degree under Queens County Indictment Number 932/91.

Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent of compelling the respondent Fisher to vacate his order setting aside the petitioner’s plea of guilty to assault in the third degree under Indictment Number 932/91 over the petitioner’s objection, and the plea is reinstated.

In the absence of fraud, a court has no inherent power to set aside a guilty…