People v. Prato
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.),'rendered May 30, 1980, convicting him of robbery in the second degree and burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, defendant’s guilty plea is reinstated, and the case is remitted to Criminal Term for further proceedings consistent herewith. The court could not sua sponte vacate defendant’s guilty plea because the probation report stated that defendant denied involvement in the crime charged. In the absence of fraud, once a court accepts a plea,…
2Cases cited2 opinions
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1978
- People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by9 opinions
- People v. IfillAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 1984
- Kurz v. Justices of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1997
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006
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