Legal Opinion

People v. Cummings

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

Decided July 15, 2008PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered July 13, 2005, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see People v Seeber, 4 NY3d 780 [2005]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15 AD3d 595 [2005]), whose determination generally will not be disturbed absent an…

2Cases cited9 opinions

  1. People v. SeeberNew York Court of Appeals · 2005
  2. People v. MannAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. De JesusAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. KucharczykAppellate Division of the Supreme Court of the State of New York · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BivensAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. VillalobosAppellate Division of the Supreme Court of the State of New York · 2010

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