Legal Opinion

People v. Moquin

New York Court of Appeals

Decided February 19, 1991PublishedCited by 39 opinions

1Opinion of the Court

*451OPINION OF THE COURT

Titone, J.

We have previously held that when a court has accepted a guilty plea and the defendant has begun to serve the resulting sentence, the court has no statutory or "inherent” authority to vacate the judgment at the People’s request, except in certain limited circumstances (see, Matter of Kisloff v Covington, 73 NY2d 445; Matter of Campbell v Pesce, 60 NY2d 165). In this case, we are asked to consider whether a different principle should be applied when the guilty plea was entered after the dismissal of one of the counts in a multicount indictment and the dismissal…

2Cases cited11 opinions

  1. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  2. People v. MinayaNew York Court of Appeals · 1981
  3. People v. MayoNew York Court of Appeals · 1979
  4. Dalrymple v. . WilliamsNew York Court of Appeals · 1875
  5. Campbell v. PesceNew York Court of Appeals · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Kolnacki v. StateNew York Court of Appeals · 2007
  2. In re PeopleSupreme Court of The Virgin Islands · 2009
  3. People v. KennyAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. Callace, New York County Courts1991

34 more not listed; retrieve them via the Exa API.

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