Legal Opinion

People v. Caruso

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

Decided October 11, 2011PublishedCited by 34 opinions

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

  1. People v. BeneventoNew York Court of Appeals · 1998
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. FordNew York Court of Appeals · 1995
  5. People v. FiumefreddoNew York Court of Appeals · 1993

13 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. DazzoAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. EdmunsonAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2016
  5. 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.

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