Legal Opinion

People v. Nelson

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

Decided October 2, 2009PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Monroe County Court (Frank R Geraci, Jr., J.), rendered June 28, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the second degree (Penal Law § 130.30 [1]), defendant contends that County Court abused its discretion in denying his motion to withdraw the plea based on defendant’s claims of innocence and mistake. We conclude that defendant’s contention is…

2Cases cited3 opinions

  1. People v. MackeyNew York Court of Appeals · 1991
  2. People v. KimmonsAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. KleinAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by6 opinions

  1. People v. ScalesAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. SahmAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. SahmAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. ScalesAppellate Division of the Supreme Court of the State of New York · 2014
  5. SAHM, ERIC, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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