PEOPLE v. RAUF

6216, 571/02

90 A.D.3d 422 (2011)

934 N.Y.S.2d 28

2011 NY Slip Op 8682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL RAUF, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2011.


Defendant's argument that the trial court abused its discretion in sua sponte rescinding its oral decision granting defendant's motion to withdraw his guilty plea is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject defendant's contention on the merits. A nisi prius court "has the inherent power, sua sponte or on motion of a party, to reconsider and vacate its prior decision before issuing an order thereon" (...

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