Legal Opinion
People v. Molina
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 4 opinions
1Opinion of the Court
*961The Supreme Court improvidently exercised its discretion in denying, without a hearing, the defendant’s motion to withdraw his plea of guilty to burglary in the second degree in satisfaction of the charges brought against him under indictment No. 468/ 04. Where a statement by a defendant “calls into question the voluntariness of [a guilty] plea,” the trial court has “a duty to inquire further to ensure that defendant’s guilty plea is knowing and voluntary” (People v Lopez, 71 NY2d 662, 666 [1988]). Contrary to the People’s contention, the record of the subject plea proceeding does not refute…
2Cases cited6 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. AlexanderNew York Court of Appeals · 2002
- People v. EschenbergAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BedoyaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2016
- HALL, DERRICK L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2016
- People v. OdomAppellate Division of the Supreme Court of the State of New York · 2018