Legal Opinion

People v. Kilmer

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

Decided November 12, 2015No. 2014-06224Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Zuckerman, J.), rendered May 22, 2014, convicting him of robbery in the second degree, upon his plea of guilty (Greller, J.), and imposing sentence. The appeal brings up for review the denial, without a hearing, of the defendant’s motion to withdraw his plea of guilty.

Ordered that the judgment is affirmed.

“The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion”…

2Cases cited10 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. DuncanAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. KeiserAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. M'LadyAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. DeBenedettoAppellate Division of the Supreme Court of the State of New York · 2014

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