Randolph v. Leff

—Petition, pursuant to CPLR article 78, to annul the order of the Supreme Court, New York County (James Leff, J.), entered on or about November 8, 1994, which vacated petitioner’s guilty plea, sua sponte, and directed that he proceed to hearing and trial, unanimously granted, the plea reinstated and the matter remanded to Justice Leff for further proceedings, without costs.

Respondent Leff exceeded his judicial authority in vacating, sua sponte, petitioner’s legally entered plea where there was no new evidence, fraud, or clerical error to justify vacatur, and where petitioner did not consent…