Legal Opinion

People v. Bivens

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

Decided October 11, 2011PublishedCited by 11 opinions

1Opinion of the Court

The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see People v Seeber, 4 NY3d 780 [2005]; People v Bruno, 73 AD3d 941 [2010]; People v Pooler, 58 AD3d 757 [2009]; People v Mann, 32 AD3d 865 [2006]; People v Kucharczyk, 15 AD3d 595 [2005]), and this determination generally will not be disturbed absent an improvident exercise of discretion (see People v Bruno, 73 AD3d at 941; People v Pooler, 58 AD3d at 757; People v DeLeon, 40 AD3d 1008 [2007]). Contrary to the defendant’s contention, the Supreme Court did not…

2Cases cited12 opinions

  1. People v. SeeberNew York Court of Appeals · 2005
  2. People v. PurnellNew York Court of Appeals · 2011
  3. People v. MannAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. DragoAppellate Division of the Supreme Court of the State of New York · 2008

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

3Cited by11 opinions

  1. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. TavaresAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API