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14 New York opinions name it 2 courts 1911–2025 7 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Mitchellgreen2 sentences2025"When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances" ( People v Manor , 27 NY3d 1012, 1013 [internal quotation marks omitted]; see People v Tinsley , 35 NY2d 926, 927 ). "[O]ften a limited interrogation by the court will suffice" ( People v Tinsley , 35 NY2d at 927 ; see People v Manor , 27 NY3d at 1014 ). "[W]hen a motion 'is patently insufficient on its face, a court may simply deny the motion without making any inquir 2023When a motion to withdraw a guilty plea "is patently insufficient on its face, a court may simply deny the motion without making any inquiry" ( People v Mitchell , 21 NY3d 964, 967 ). | 6 | 12 |
The People v. Tyrone D. Manorgreen2 sentences2025"When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances" ( People v Manor , 27 NY3d 1012, 1013 [internal quotation marks omitted]; see People v Tinsley , 35 NY2d 926, 927 ). "[O]ften a limited interrogation by the court will suffice" ( People v Tinsley , 35 NY2d at 927 ; see People v Manor , 27 NY3d at 1014 ). "[W]hen a motion 'is patently insufficient on its face, a court may simply deny the motion without making any inquir 2025"When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances" ( People v Manor , 27 NY3d 1012, 1013 [internal quotation marks omitted]; see People v Tinsley , 35 NY2d 926, 927 ). "[O]ften a limited interrogation by the court will suffice" ( People v Tinsley , 35 NY2d at 927 ; see People v Manor , 27 NY3d at 1014 ). "[W]hen a motion 'is patently insufficient on its face, a court may simply deny the motion without making any inquir | 2 | 2 |
People v. Tinsleygreen2 sentences2025"When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances" ( People v Manor , 27 NY3d 1012, 1013 [internal quotation marks omitted]; see People v Tinsley , 35 NY2d 926, 927 ). "[O]ften a limited interrogation by the court will suffice" ( People v Tinsley , 35 NY2d at 927 ; see People v Manor , 27 NY3d at 1014 ). "[W]hen a motion 'is patently insufficient on its face, a court may simply deny the motion without making any inquir 2025"When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances" ( People v Manor , 27 NY3d 1012, 1013 [internal quotation marks omitted]; see People v Tinsley , 35 NY2d 926, 927 ). "[O]ften a limited interrogation by the court will suffice" ( People v Tinsley , 35 NY2d at 927 ; see People v Manor , 27 NY3d at 1014 ). "[W]hen a motion 'is patently insufficient on its face, a court may simply deny the motion without making any inquir | 1 | 3 |
People v. Ghingoreegreen2 sentences2025Nevertheless, "[t]he defendant should be afforded reasonable opportunity to present his [or her] contentions and the court should be enabled to make an informed determination" ( People v Tinsley , 35 NY2d at 927 ; see People v Jeffery , 169 AD3d 924 , 925; People v Sarner , 167 AD3d 663 , 664; People v Caputo , 163 AD3d at 984; People v Ghingoree , 150 AD3d 881, 881 ). 2018Nevertheless, "[t]he defendant should be afforded reasonable opportunity to present his contentions and the court should [*2]be enabled to make an informed determination" ( People v Tinsley, 35 NY2d at 927 ; see People v Ghingoree, 150 AD3d 881 ). | 1 | 2 |
People v. Buccigreen1 sentence2020Here, the court allowed defendant to argue his motion to withdraw his plea, thus giving him a reasonable opportunity to advance his claims, and the court did not abuse its discretion in denying the motion without further inquiry or a hearing ( see People v Alfred , 142 AD3d 1373, 1373 [4th Dept 2016], lv denied 28 NY3d 1142 [2017]; People v Bucci , 137 AD3d 1744, 1744 [4th Dept 2016]; People v Sparcino , 78 AD3d 1508 , 1509 [4th Dept 2010], lv denied 16 NY3d 746 [2011]). | 1 | 1 |
People v. Alfredgreen1 sentence2020Here, the court allowed defendant to argue his motion to withdraw his plea, thus giving him a reasonable opportunity to advance his claims, and the court did not abuse its discretion in denying the motion without further inquiry or a hearing ( see People v Alfred , 142 AD3d 1373, 1373 [4th Dept 2016], lv denied 28 NY3d 1142 [2017]; People v Bucci , 137 AD3d 1744, 1744 [4th Dept 2016]; People v Sparcino , 78 AD3d 1508 , 1509 [4th Dept 2010], lv denied 16 NY3d 746 [2011]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Hollmond
green
2 sentences2022Contrary to the defendant's contentions, he was not entitled to withdraw his plea, nor was the County Court required to conduct a hearing on the motion, since he proffered only unsubstantiated and conclusory assertions of innocence and confusion as to the nature of the plea, which were contradicted by the record ( see People v Hollmond , 191 AD3d 120, 136-137 ; People v Griffith , 78 AD3d 1194, 1195 ). 2021Bare and unsubstantiated claims, without more, are insufficient to warrant vacatur of a guilty plea ( see People v Hollmond , 191 AD3d 120, 136 ). | 2 | 2021–2022 |
People v. Smith
green
2 sentences2021"Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty" ( People v Smith , 54 AD3d at 880 ; see CPL 220.60[3]). "[W]hen a motion to withdraw a plea is patently insufficient on its face, a court may simply deny the motion without making any inquiry" ( People v Mitchell , 21 NY3d 964, 967 ). 2019"Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty" ( People v Smith , 54 AD3d 879, 880 ; see CPL 220.60[3]; People v Caruso , 88 AD3d at 809 ). "[W]hen a motion to withdraw a plea is patently insufficient on its face, a court may simply deny the motion without making any inquiry" ( People v Mitchell , 21 NY3d 964, 967 ). | 2 | 2019–2021 |
People v. Griffith
green
1 sentence2022Contrary to the defendant's contentions, he was not entitled to withdraw his plea, nor was the County Court required to conduct a hearing on the motion, since he proffered only unsubstantiated and conclusory assertions of innocence and confusion as to the nature of the plea, which were contradicted by the record ( see People v Hollmond , 191 AD3d 120, 136-137 ; People v Griffith , 78 AD3d 1194, 1195 ). | 1 | 2022–2022 |
People v. Torres
neutral
1 sentence2021Here, the record demonstrates that the defendant's pleas of guilty were knowingly, voluntarily, and intelligently entered ( see People v Sougou , 26 NY3d 1052, 1055 ; People v Torres , 192 AD3d 831 ). | 1 | 2021–2021 |
The People v. Mactar Sougou /The People v. Rita Thompson
green
1 sentence2021Here, the record demonstrates that the defendant's pleas of guilty were knowingly, voluntarily, and intelligently entered ( see People v Sougou , 26 NY3d 1052, 1055 ; People v Torres , 192 AD3d 831 ). | 1 | 2021–2021 |
People v. Sparcino
green
1 sentence2020Here, the court allowed defendant to argue his motion to withdraw his plea, thus giving him a reasonable opportunity to advance his claims, and the court did not abuse its discretion in denying the motion without further inquiry or a hearing ( see People v Alfred , 142 AD3d 1373, 1373 [4th Dept 2016], lv denied 28 NY3d 1142 [2017]; People v Bucci , 137 AD3d 1744, 1744 [4th Dept 2016]; People v Sparcino , 78 AD3d 1508 , 1509 [4th Dept 2010], lv denied 16 NY3d 746 [2011]). | 1 | 2020–2020 |
The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier Sanchez
green
1 sentence2020Here, the record supports the County Court's determination that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v Conceicao , 26 NY3d 375 ; People v Harris , 61 NY2d 9 ; People v Stephensbush , 172 AD3d at 1109). | 1 | 2020–2020 |
Wells Fargo Bank, NA v. Taschetta
green
1 sentence2020Here, the court allowed defendant to argue his motion to withdraw his plea, thus giving him a reasonable opportunity to advance his claims, and the court did not abuse its discretion in denying the motion without further inquiry or a hearing ( see People v Alfred , 142 AD3d 1373, 1373 [4th Dept 2016], lv denied 28 NY3d 1142 [2017]; People v Bucci , 137 AD3d 1744, 1744 [4th Dept 2016]; People v Sparcino , 78 AD3d 1508 , 1509 [4th Dept 2010], lv denied 16 NY3d 746 [2011]). | 1 | 2020–2020 |
People v. Harris
green
1 sentence2020Here, the record supports the County Court's determination that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v Conceicao , 26 NY3d 375 ; People v Harris , 61 NY2d 9 ; People v Stephensbush , 172 AD3d at 1109). | 1 | 2020–2020 |
People v. Caruso
green
1 sentence2019"Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty" ( People v Smith , 54 AD3d 879, 880 ; see CPL 220.60[3]; People v Caruso , 88 AD3d at 809 ). "[W]hen a motion to withdraw a plea is patently insufficient on its face, a court may simply deny the motion without making any inquiry" ( People v Mitchell , 21 NY3d 964, 967 ). | 1 | 2019–2019 |
Snyder v. Massachusetts
green
1 sentence1979In every criminal proceeding, a defendant has an absolute right to be present, with counsel, "whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge” (Snyder v Massachusetts, 291 US 97, 105-106 ; People ex rel. | 1 | 1979–1979 |
Simon v. Burgess
neutral
1 sentence1911The court took the motion under advisement and later on filed an opinion ( 71 Misc. | 1 | 1911–1911 |