Legal Opinion
People v. Maxson
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012PublishedCited by 5 opinions
1Opinion of the CourtSpain, J.
“Whether to allow withdrawal of a guilty plea is left to the sound discretion of County Court, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” (People v Mitchell, 73 AD3d 1346, 1347 [2010], lv denied 15 NY3d 922 [2010] [internal quotation marks and citation omitted]; accord People v Flynn, 92 AD3d 1148, 1150 [2012], lv denied 19 NY3d 996 [2012]). Where, as here, County Court fulfilled its promise under the plea agreement in adjourning defendant’s sentencing and releasing him to give him an opportunity to visit his father, the fact…
2Cases cited11 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. NixonNew York Court of Appeals · 1967
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2010
- People v. OsgoodAppellate Division of the Supreme Court of the State of New York · 1998
- People v. WagonerAppellate Division of the Supreme Court of the State of New York · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2022
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2017
- People v. McKnightAppellate Division of the Supreme Court of the State of New York · 2016
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2017