At issue on appeal is whether the court erred in denying, without a hearing, defendant's presentence motion to withdraw his plea. Before pleading guilty, defendant was apprised of the rights he was waiving, as well as the constructive possession theory on which the People relied. Further, defendant admitted facts sufficient to constitute the elements of the crime. Prior to sentencing, however, defendant moved to withdraw his plea of guilty, claiming that he was innocent,...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.