Legal Opinion

People v. Luther

East Rochester Justice Court

Decided June 30, 2013PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Terrence C. Brown-Steiner, J.

The matter before this court is the defendant’s CPL 440.10 motion to vacate a prior plea of guilty to driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). For the reasons set forth herein, the defendant’s motion is granted, the guilty plea vacated, and the matter restored to the trial calendar for further proceedings.

Facts and Posture of the Case

On August 5, 2012 the defendant was charged by misdemeanor complaint alleging a violation of Vehicle and Traffic Law § 1192 (3), driving while intoxicated (DWI). The defendant was also…

2Cases cited25 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. United States v. HarrissSupreme Court of the United States · 1954
  4. Calder v. BullSupreme Court of the United States · 1798
  5. United States v. GuestSupreme Court of the United States · 1966

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3Cited by2 opinions

  1. People v. Wheaton, New York County Courts2015
  2. People v. Luther, New York County Courts2014

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