People v. O'Dell, 122 A.D.3d 1309 (N.Y. App. Div. 2014). · Go Syfert
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People v. O'Dell, 122 A.D.3d 1309 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …the court was presented with a credibility determination when defendant moved to withdraw his plea and advanced his belated claims of innocence and coercion, and it did not abuse its discretion in discrediting those claims ⚠ not in text
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Gerena (nyappdiv, 2019-07-31)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Gerena
N.Y. App. Div. · 2019 · confidence medium
With respect to defendant's contention that the court should have granted his motion to withdraw his plea, it is well settled that " [p]ermission to withdraw a guilty plea rests solely within the court's discretion . . . , and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea' " ( People v Leach , 119 AD3d 1429, 1430 [4th Dept 2014], lv denied 24 NY3d 962 [2014]), which is lacking here. " The court was presented with a credibility determination when defendant moved to withdraw his plea…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James F. O'Dell, Jr.
Appeal No. 3.
Appellate Division of the Supreme Court of the State of New York.
Nov 14, 2014.
122 A.D.3d 1309
Carni, Fahey, Lindley, Scudder, Valentino.
Published

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered August 24, 2011. The judgment convicted defendant, upon his plea of guilty, of rape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Present — Scudder, P.J., Fahey, Carni, Lindley and Valentino, JJ.