Legal Opinion
People v. Simmons
Criminal Court of the City of New York
Decided June 27, 1996PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Leon Ruchelsman, J.
The question this case presents is whether a defendant has the right to be sentenced by the same Judge who accepted the defendant’s guilty plea pursuant to a plea bargain. Consequently, is the failure to afford the defendant the same Judge to preside over both the plea acceptance as well as the sentenc*526ing grounds for withdrawal of the plea pursuant to CPL 220.60 (3)?
PROCEDURAL HISTORY
On January 6 and 7, 1995 the defendant and his wife, the complainant, became involved in an argument. The defendant assaulted and physically overpowered the complainant. The…
2Cases cited21 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Santobello v. New YorkSupreme Court of the United States · 1971
- People v. SeabergNew York Court of Appeals · 1989
- People v. FarrarNew York Court of Appeals · 1981
- People v. FiumefreddoNew York Court of Appeals · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- K.R. v. Superior Court of Sacramento Cnty.California Supreme Court · 2017
- K.R. v. Super. Ct.California Supreme Court · 2017
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2022