Legal Opinion

Cohens v. Hess

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

Decided March 13, 1998No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

—Judgment affirmed without costs. Memorandum: During the trial of this motor vehicle accident case, Supreme Court properly refused to permit cross-examination of defendant concerning a vacated plea of guilty to a violation of Vehicle and Traffic Law § 1110 (a), failure to obey a traffic control device, relying on People v Spitaleri (9 NY2d 168). The broad and forceful language of that decision, that “ ‘[t]he effect of the court’s order permitting the withdrawal was to adjudge that the plea of guilty be held for naught’ ” (People v Spitaleri, supra, at 172, quoting Kercheval v United States,…

2Cases cited3 opinions

  1. Kercheval v. United StatesSupreme Court of the United States · 1927
  2. Ando v.WoodberryNew York Court of Appeals · 1960
  3. People v. SpitaleriNew York Court of Appeals · 1961

3Cited by1 opinion

  1. Colosi v. FoleyAppellate Division of the Supreme Court of the State of New York · 2008

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