People v. Rubendall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cozier, J.
The defendant maintains on this appeal that the Supreme Court, Queens County (Chin-Brandt, J.), was without authority in granting the People’s application to vacate his initial plea of guilty over his objection in the absence of fraud. We agree. However, the defendant is not entitled to the benefit of the favorable sentence he was offered at the time of his initial plea. As a result, we place the parties in the position they were prior to the Supreme Court’s unauthorized vacatur of the plea, by reinstating the superior court information by which the defendant was…
2Cases cited21 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- People v. McConnellNew York Court of Appeals · 1980
- People v. MinayaNew York Court of Appeals · 1981
- People v. HicksNew York Court of Appeals · 2002
- People v. WrightNew York Court of Appeals · 1982
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3Cited by23 opinions
- People v. MuhammadAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BluntAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MattucciAppellate Division of the Supreme Court of the State of New York · 2012
- Constant v. MartuscelloDistrict Court, E.D. New York · 2015
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
18 more not listed; retrieve them via the Exa API.