Legal Opinion

People v. Barton

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

Decided January 16, 2014PublishedCited by 14 opinions

1Opinion of the CourtMcCarthy, J.

*928We affirm. While defendant asserted a variety of arguments in his motion to withdraw the guilty plea, he appears to solely contend here that he received the ineffective assistance of counsel during the plea proceedings. “Whether a defendant should be permitted to withdraw his or her plea rests within the sound discretion of the trial court and, generally, such a motion should not be granted absent a showing of innocence, fraud or mistake in the inducement” (People v Galvan, 107 AD3d 1058, 1058 [2013] [citation omitted], lv denied 21 NY3d 1042 [2013]; see People v Arnold, 102 AD3d 1061, 1062…

2Cases cited9 opinions

  1. People v. FernandezNew York Court of Appeals · 1986
  2. People v. RodriguezNew York Court of Appeals · 2000
  3. People v. MasaguilarNew York Court of Appeals · 2011
  4. People v. MirendaNew York Court of Appeals · 1982
  5. People v. TrombleyAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by14 opinions

  1. People v. TetreaultAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. RouseAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. LamontAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. DebbermanAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. Aaron VV.Appellate Division of the Supreme Court of the State of New York · 2025

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