Legal Opinion

People v. Nance

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

Decided April 22, 1985PublishedCited by 7 opinions

1Opinion of the Court

The trial court honored the promises it had made by offering the defendant the opportunity to withdraw his plea (People v Selikoff, 35 NY2d 227, 235, 238, cert denied 419 US 1122). As to the predicate felony, the court was not required to conduct a hearing pursuant to CPL 400.15 (5), merely because defendant claimed the inadequacy of the factual recitation, involving one of his pleas of guilty. Such a challenge is “to be distinguished from a challenge based on constitutional grounds” (People v *858Perkins, 89 AD2d 956; People v Grimes, 94 AD2d 957; cf. People v Frett, 79 AD2d 991; People v…

2Cases cited5 opinions

  1. People v. SelikoffNew York Court of Appeals · 1974
  2. People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. GrimesAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. HubbardAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. FrettAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by7 opinions

  1. People v. WinbushAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. DocetiAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1987
  4. Granger v. ArtusDistrict Court, E.D. New York · 2022
  5. People v. Brooks (Daniel)Appellate Terms of the Supreme Court of New York · 2017

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