Legal Opinion

People v. Carr

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

Decided November 8, 2001PublishedCited by 8 opinions

1Opinion of the CourtRose, J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered July 24, 2000, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

We reject defendant’s claim that County Court erred in denying his motion to withdraw his guilty plea. “Generally, a guilty plea may not be withdrawn absent some evidence or claim of innocence, fraud or mistake in its inducement * * *; the question of whether a defendant should be permitted to withdraw his plea rests in the discretion of the trial court and hearings are granted only in rare circumstances”…

2Cases cited9 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. TinsleyNew York Court of Appeals · 1974
  3. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. MunckAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2000

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

3Cited by8 opinions

  1. People v. SingletaryAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. De FabritisAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. McDonnellAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. BabcockAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2005

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

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