Cohens v. Hess
Appellate Division of the Supreme Court of the State of New York
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
- Kercheval v. United StatesSupreme Court of the United States · 1927
- Ando v.WoodberryNew York Court of Appeals · 1960
- People v. SpitaleriNew York Court of Appeals · 1961
3Cited by1 opinion
- Colosi v. FoleyAppellate Division of the Supreme Court of the State of New York · 2008