Legal Opinion

People v. Temple

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

Decided November 29, 2011PublishedCited by 1 opinion

1Opinion of the Court

The court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances” (People v Brown, 14 NY3d 113, 116 [2010] [internal quotation marks omitted]).

The court afforded defendant a sufficient opportunity to present his claims. Although the court expressed skepticism about the merits of the…

2Cases cited2 opinions

  1. People v. FrederickNew York Court of Appeals · 1978
  2. People v. BrownNew York Court of Appeals · 2010

3Cited by1 opinion

  1. LINDSAY, III, JAMES, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015

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