Appellate Division of the Supreme Court of New York, First Department · Criminal Law
Criminal LawGuilty PleasWithdrawal of Pleaguilty pleawithdrawal of pleaknowing and voluntary pleatrial court discretionsufficient inquiry
Facts
Defendant pleaded guilty to burglary in the third degree. Before sentencing, he moved to withdraw his guilty plea. The trial court conducted an inquiry and gave defendant ample opportunity to be heard on that motion. The record reflected that the plea was knowing and voluntary, and defendant's claims supporting withdrawal were unsubstantiated.
Issue
Did the trial court properly deny defendant's motion to withdraw his guilty plea where the court conducted sufficient inquiry, allowed defendant ample opportunity to be heard, and the record showed the plea was knowing and voluntary?
Rule
A court may deny a motion to withdraw a guilty plea in the proper exercise of its discretion when it makes sufficient inquiry, affords the defendant ample opportunity to be heard, and the record establishes that the plea was knowing and voluntary and that the claims advanced in support of withdrawal are unsubstantiated.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Manhattan, Devon Price pleaded guilty to felony theft after a detailed allocution in which he said he understood the charge, the rights he was waiving, and the promised sentence. Two weeks before sentencing, he moved to withdraw the plea, claiming only that he had "changed his mind"; the judge questioned him in court, let defense counsel argue at length, and found no support for Devon's claim in the record.
If Devon appeals the denial of his motion to withdraw the plea, how should the appellate court most likely rule?
Explanation. A trial court properly exercises its discretion in denying withdrawal of a guilty plea when it makes sufficient inquiry, gives the defendant ample opportunity to be heard, and the record establishes the plea was knowing and voluntary while the grounds asserted for withdrawal are unsubstantiated. Those features are all present here, so affirmance is most likely. (Derived from People v. Schoon (n.d.).)