PEOPLE v. CARR


288 A.D.2d 561 (2001)

732 N.Y.S.2d 453

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CARR, Appellant.

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

Decided November 8, 2001.


Rose, J.

We reject defendant's claim that County Court erred in denying his motion to withdraw his guilty plea. "Generally, a guilty plea may not be withdrawn absent some evidence or claim of innocence, fraud or mistake in its inducement * * *; the question of whether a defendant should be permitted to withdraw his plea rests in the discretion of the trial court and hearings are granted only in rare circumstances" (People v Davis, 250 A.D.2d...

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