Legal Opinion

The People v. Kevin Fisher

New York Court of Appeals

Decided February 14, 2017No. 15PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

Defendant Kevin Fisher challenges the denial of his motion to withdraw his guilty plea to one count of hindering prosecution in the second degree (Penal Law § 205.60). The courts below properly rejected defendant’s claims that his plea is constitutionally infirm and that his codefendant’s acquittal of the underlying felony renders defendant innocent. Neither claim is supported by existing precedent, and his innocence theory is counter to this Court’s holdings in People v Chico (90 NY2d 585 [1997]), People v O’Toole (22 NY3d 335 [2013]), and People v Berkowitz (50…

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. RosarioNew York Court of Appeals · 1961
  3. People v. BerkowitzNew York Court of Appeals · 1980
  4. People v. VilardiNew York Court of Appeals · 1990
  5. People v. JohnsonNew York Court of Appeals · 2000

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

3Cited by31 opinions

  1. People v. HollmondAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. PixleyAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. MangarilloAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. BhuiyanAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. HindsAppellate Division of the Supreme Court of the State of New York · 2023

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

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