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MATTER OF HOFFMAN v. FISHER

173 A.D.2d 826 (1991)

In the Matter of Jose Hoffman, Petitioner, v. Steven Fisher et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1991

Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent of compelling the respondent Fisher to vacate his order setting aside the petitioner's plea of guilty to assault in the third degree under Indictment Number 932/91 over the petitioner's objection, and the plea is reinstated.

In the absence of fraud, a court has no inherent power to set aside a guilty plea without the defendant...

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