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People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 1034 (N.Y. App. Div. 1988)

Opinion

November 15, 1988

Appeal from the Niagara County Court, DiFlorio, J.

Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.


Judgment unanimously reversed on the law, plea vacated and matter remitted to Niagara County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant's motion to withdraw her guilty plea was summarily denied by the court. Although a limited inquiry is generally sufficient for the court to make an informed determination on a motion to withdraw a guilty plea, it was error for the court to deny defendant's motion without affording her a reasonable opportunity to present her contentions (People v Tinsley, 35 N.Y.2d 926, 927; People v. Johnson, 96 A.D.2d 516; People v. Smith, 33 A.D.2d 688).


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 1034 (N.Y. App. Div. 1988)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOANNE CARTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1988

Citations

144 A.D.2d 1034 (N.Y. App. Div. 1988)

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