Topic: when a defendant moves to withdraw a guilty plea, the natur… · Go Syfert
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Topic #5753

7 canonical passages across 7 cases, quoted by 60 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Brown.

#Case FlagCanonical passage Citers
1 People v. Brown Anchor
ny · 2010
green “when a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry 'rests largely in the discretion of the judge to whom the motion is made' and a hearing will be granted only in rare instances” 26
2 People v. Smith
nyappdiv · 2008
green “generally, a plea of guilty may not be withdrawn absent some evidence of innocence, fraud, or mistake in its inducement” 10
3 People v. Jacob
nyappdiv · 2012
green “the decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion” 7
4 People v. Jamison
nyappdiv · 2021
green “the decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of that discretion” 6
5 People v. Hollmond
nyappdiv · 2020
green “in general, 'such a motion must be premised upon some evidence of possible innocence or of fraud, mistake, coercion or involuntariness in the taking of the plea” 5
6 People v. Torres
nyappdiv · 2021
neutral “a defendant's contention that his or her plea was not knowing, voluntary, and intelligent survives a valid appeal waiver” 3
7 People v. Roberts
nyappdiv · 2022
green “a motion to withdraw a plea of guilty rests within the sound discretion of the court, and generally the court's determination will not be disturbed absent an improvident exercise of the court's discretion” 3

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