People v. Witcher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court abused its discretion in denying his motion to withdraw his guilty plea without permitting him to address the court or conducting an evidentiary hearing. A defendant must be afforded a reasonable opportunity to advance the claim that he should be permitted to withdraw his plea of guilty (see, People v Frederick, 45 NY2d 520, 525). In only rare instances, however, will a defendant be entitled to an evidentiary hearing on a motion to withdraw a plea of guilty (see, People v Tinsley, 35 NY2d 926, 927).
The record…
2Cases cited8 opinions
- People v. FrederickNew York Court of Appeals · 1978
- People v. TinsleyNew York Court of Appeals · 1974
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MayesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. RickardAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ForsheyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DozierAppellate Division of the Supreme Court of the State of New York · 2004
- People v. FarleyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2000
6 more not listed; retrieve them via the Exa API.