Legal Opinion

People v. Witcher

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

Decided December 22, 1995PublishedCited by 11 opinions

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

  1. People v. FrederickNew York Court of Appeals · 1978
  2. People v. TinsleyNew York Court of Appeals · 1974
  3. People v. LynchAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. MayesAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by11 opinions

  1. People v. RickardAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. ForsheyAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. DozierAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. FarleyAppellate Division of the Supreme Court of the State of New York · 2006
  5. 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.

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