People v. Caruso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the Supreme Court and generally will not be disturbed absent an improvident exercise of discretion (see CPL 220.60 [3]; People v Seeber, 4 NY3d 780 [2005]; People v Duncan, 78 AD3d 1193 [2010]). “Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty” (People v Smith, 54 AD3d 879, 880 [2008]; see CPL 220.60 [3]; People v Frederick, 45 NY2d 520, 524-525 [1978]). The record reflects that the defendant’s plea of…
2Cases cited18 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. LopezNew York Court of Appeals · 1988
- People v. HarrisNew York Court of Appeals · 1983
- People v. FordNew York Court of Appeals · 1995
- People v. FiumefreddoNew York Court of Appeals · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DazzoAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EdmunsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2013
29 more not listed; retrieve them via the Exa API.