People v. Ochoa
Appellate Division of the Supreme Court of the State of New York
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
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. SeabergNew York Court of Appeals · 1989
- People v. HarrisNew York Court of Appeals · 1983
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. DixonNew York Court of Appeals · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. DeBenedettoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. McGriffAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HansenAppellate Division of the Supreme Court of the State of New York · 2000
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2010
- 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.