Legal Opinion
People v. Mosher
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law, plea vacated and matter remitted to Cayuga County Court for further proceedings on the indictment. Memorandum: In the usual case, a defendant cannot obtain appellate review of the alleged insufficiency of a plea allocution unless defendant has moved to vacate the plea or moved to vacate the judgment pursuant to CPL 440.10 (People v Johnson, 82 NY2d 683, 684). Where defendant’s utterances at the time of the plea cast significant doubt upon the voluntariness of the plea, however, the court must conduct further inquiry to ensure that defendant’s plea is…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. FrancisNew York Court of Appeals · 1975
- People v. JohnsonNew York Court of Appeals · 1993
- People v. SobczakAppellate Division of the Supreme Court of the State of New York · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. CostanzaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WatermanAppellate Division of the Supreme Court of the State of New York · 1996
- People v. La VoieAppellate Division of the Supreme Court of the State of New York · 2003
- People v. GalvinAppellate Division of the Supreme Court of the State of New York · 1998
- People v. McCawleyAppellate Division of the Supreme Court of the State of New York · 2000