People v. Riddick, 136 A.D.3d 1124 (N.Y. App. Div. 3d Dep't 2016). · Go Syfert
People v. Riddick, 136 A.D.3d 1124 (N.Y. App. Div. 3d Dep't 2016). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Cited for
At page 1124 Trial court discretion in deciding motions to withdraw plea8 citing cases“the nature and extent of the fact-finding procedures necessary to decide a motion to withdraw a guilty plea rest within the discretion of the trial court, and only in the rare instance will a defendant be entitled to an evidentiary hearing”2 citing courts quote it · passage not found verbatim in the opinion (75%)
  • People v. Stanton, 158 N.Y.S.3d 416 (N.Y. App. Div. 3d Dep't 2021).published
    As the new affidavits are similar to recantation evidence, which this Court has noted is "inherently unreliable" ( People v Riddick , 136 AD3d 1124, 1124 [2016], lv denied 27 NY3d 1154 [2016]; accord People v Stetin , 192 AD3d at 1334 ; se…
  • People v. Stetin, 143 N.Y.S.3d 460 (N.Y. App. Div. 3d Dep't 2021).published
    Although we are mindful that recantation testimony is "inherently unreliable" ( People v Riddick , 136 AD3d 1124, 1124 [2016], lv denied 27 NY3d 1154 [2016]), the "totality of the circumstances" presented here demonstrates that a hearing i…
  • People v. Dorsey, 2019 NY Slip Op 1852 (N.Y. App. Div. 3d Dep't 2019).published
    "The nature and extent of the fact-finding procedures necessary to decide a motion to withdraw a guilty plea rest within the discretion of the trial court, and only in the rare instance will a defendant be entitled to an evidentiary hearin…
  • People v. Sweat, 2018 NY Slip Op 199 (N.Y. App. Div. 3d Dep't 2018).published
    "The nature and extent of the fact-finding procedures necessary to decide a motion to withdraw a guilty plea rest within the discretion of the trial court, and only in the rare instance will a defendant be entitled to an evidentiary hearin…
  • People v. Cadet, 144 A.D.3d 1335 (N.Y. App. Div. 3d Dep't 2016).published
    It is within the trial court’s discretion to determine the nature and extent of the fact-finding procedures necessary to decide a motion to withdraw a guilty plea and a limited interrogation by the court will often be sufficient (see Peopl…
  • People v. Khan, 139 A.D.3d 1261 (N.Y. App. Div. 3d Dep't 2016).published
    Consequently, the court did not abuse its discretion in denying defendant’s motion without a hearing (see People v Riddick, 136 AD3d 1124, 1124 [2016]). *1264 Next, defendant’s claim that he was deprived of the effective assistance of coun…
  • People v. Beaver, 150 A.D.3d 1325 (N.Y. App. Div. 3d Dep't 2017).published
    In any event, *1326 “recantation evidence . . . [is] inherently unreliable and insufficient, alone, to justify withdrawal of the plea” (People v Caruso, 88 AD3d 809 , 810 [2011] [internal quotation marks and citations omitted], lv denied 1…
  • People v. Farnsworth, 140 A.D.3d 1538 (N.Y. App. Div. 3d Dep't 2016).published 2 cites
    While defendant’s contention that County Court abused its discretion in denying his motion to withdraw his guilty plea is not precluded by the appeal waiver and was preserved by his unsuccessful motion to withdraw his guilty plea (see Peop…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Hassan Riddick
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2016.
Published opinion
136 A.D.3d 1124
Clark, Devine, Egan, Garry, Peters.
Cited by 9 opinions  |  Published
Peters, P.J.

Appeal from a judgment of the Supreme Court (Breslin, J.), rendered April 28, 2015 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.

In satisfaction of a five-count indictment, defendant pleaded guilty to a reduced charge of attempted criminal possession of a weapon in the second degree. Thereafter, defendant moved to withdraw his plea based on newly discovered evidence, consisting of a letter from the victim recanting his prior statements that implicated defendant in the crimes charged. Supreme Court denied the motion without a hearing and sentenced defendant, as a second felony offender, to a prison term of five years followed by five years of postrelease supervision. Defendant now appeals.

We are unpersuaded by defendant’s contention that Supreme Court erred in denying his motion to withdraw his plea without a hearing. The nature and extent of the fact-finding procedures necessary to decide a motion to withdraw a guilty plea rest within the discretion of the trial court (see People v Fiumefreddo, 82 NY2d 536, 544 [1993]; People v Stamps, 268 AD2d 886, 887 [2000], lv denied 94 NY2d 925 [2000]), and “[o]nly in the rare instance will a defendant be entitled to an evidentiary hearing” (People v Tinsley, 35 NY2d 926, 927 [1974]). Here, the basis for the motion to withdraw the plea was the notarized letter submitted by the victim that recanted his statements regarding defendant’s involvement in the crimes charged. As noted by Supreme Court, such recantation evidence is inherently unreliable (see People v Caruso, 88 AD3d 809, 810 [2011], lv denied 18 NY3d 923 [2012]; People v Griffin, 4 AD3d 674, 675 [2004]), particularly where, as here, the recanting victim had been in custody for several months in the same facility where defendant and the codefendant were held. Furthermore, the plea proceeding reflects a knowing, voluntary and intelligent plea of guilty and does not otherwise call into question[*1125] defendant’s guilt (see People v Little, 92 AD3d 1036, 1036 [2012]). In view of the foregoing, we find that Supreme Court did not abuse its discretion in failing to conduct an evidentiaryhearing prior to denying defendant’s motion to withdraw his plea (see People v Shurock, 83 AD3d 1342, 1343 [2011]; People v Branton, 35 AD3d 1035, 1035 [2006], lv denied 8 NY3d 982 [2007]; People v Stamps, 268 AD2d at 888). Absent any other ground justifying the withdrawal of the plea, the motion was properly denied (see People v Stamps, 268 AD2d at 887).

Garry, Egan Jr., Devine and Clark, JJ., concur.

Ordered that the judgment is affirmed.