Legal Opinion

People v. Charles

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

Decided May 20, 2004Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered January 20, 1998, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 1½ to 3 years, and order, same court and Justice, entered on or about June 27, 2002, which denied defendant’s motion to vacate the judgment, unanimously affirmed.

*431Since defendant expressly stated that he did not wish to withdraw his guilty plea, there was no reason for the sentencing court to inquire into his protestations of innocence, since the court would have had no authority to vacate…

2Cases cited4 opinions

  1. People v. ToxeyNew York Court of Appeals · 1995
  2. Fernandez v. SilbowitzAppellate Division of the Supreme Court of the State of New York · 1977
  3. People v. BryeAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2000

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