People v. Schiskie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtReynolds, J.
Judgment of conviction and order denying appellant’s motion to withdraw his plea of guilty affirmed. On November 6, 1963 appellant with counsel plead guilty to a charge of burglary, third degree. Due to technical defects in the sentencing procedure it became necessary twice to resentence appellant. On the second resentence held in November, 1964 appellant moved to withdraw his plea of guilty pursuant to section 337 of the Code of Criminal Procedure. The granting of this request is in the discretion of the trial court, and thus only if there is an abuse of discretion, can its determination be…
2Cases cited1 opinion
- People v. BrimNew York Court of General Session of the Peace · 1960
3Cited by2 opinions
- Langston v. StateMississippi Supreme Court · 1971
- People v. BratescuAppellate Division of the Supreme Court of the State of New York · 1985