People v. Garner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of one count of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that his plea was not knowingly, intelligently and voluntarily entered and thus that Supreme Court erred in denying his motion to withdraw the plea. We reject that contention. “Permission to withdraw a guilty plea rests solely within the court’s discretion . . . , and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea”…
2Cases cited9 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. AlexanderNew York Court of Appeals · 2002
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2009
- People v. SingletaryAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MateoNew York Court of Appeals · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
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- People v. CulverAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LeachAppellate Division of the Supreme Court of the State of New York · 2014
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 2011
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