Legal Opinion

People v. Canales

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

Decided February 1, 2008PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered July 21, 2003. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that County Court abused its discretion in denying his motion to vacate the plea. We reject that contention. In the absence of some evidence of innocence, fraud, or mistake in…

2Cases cited4 opinions

  1. People v. FordNew York Court of Appeals · 1995
  2. People v. PonderAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. KleinAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. VillarAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. MohomedAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. VillarAppellate Division of the Supreme Court of the State of New York · 2014
  5. VILLAR, CHE A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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