Legal Opinion

People v. Ochoa

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

Decided January 13, 1992PublishedCited by 11 opinions

1Opinion of the Court

It is well settled that the right of a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (see, CPL 220.60 [3]; People v O’Callaghan, 171 AD2d 706; People v Hagzan, 155 AD2d 616). Here, the court conducted a lengthy and complete allocution in the presence of competent counsel and the defendant was fully advised of the consequences of pleading guilty, including the sentencing limitations (see, People v Harris, 61 NY2d 9). The defendant’s claim that he did not understand what he was doing when he accepted the offered plea because he…

2Cases cited9 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. DixonNew York Court of Appeals · 1971

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

3Cited by11 opinions

  1. People v. DeBenedettoAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. McGriffAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. HansenAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2002

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API