Kurz v. Justices of the Supreme Court
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The question to be answered in this proceeding is whether the Supreme Court acted in excess of its authorized powers in vacating the petitioner’s plea of guilty absent his consent. In our view, this question must be answered in the affirmative.
I
The petitioner was indicted, inter alia, on several counts of assault in connection with an incident in which he cut the complainant with a knife. After plea negotiations before a Judicial Hearing Officer, the matter was transferred to Justice D’Emic in the Supreme Court, Kings County, for disposition. On July 15,…
2Cases cited12 opinions
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- People v. Danny G.New York Court of Appeals · 1984
- People v. SchultzNew York Court of Appeals · 1988
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3Cited by14 opinions
- State v. CreamerMissouri Court of Appeals · 2005
- In Re Independent Counsel StarrDistrict Court, E.D. Arkansas · 1997
- Serkez v. SerkezAppellate Division of the Supreme Court of the State of New York · 2006
- Hudson View II Associates v. MillerAppellate Division of the Supreme Court of the State of New York · 2001
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2010
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