People v. Carter

144 A.D.2d 1034, 535 N.Y.S.2d 569, 1988 N.Y. App. Div. LEXIS 14649

Opinion

Judgment unanimously reversed on the law, plea vacated and matter remitted to Niagara County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant’s motion to withdraw her guilty plea was summarily denied by the court. Although a limited inquiry is generally sufficient for the court to make an informed determination on a motion to withdraw a guilty plea, it was error for the court to deny defendant’s motion without affording her a reasonable opportunity to present her contentions (People v Tinsley, 35 NY2d 926, 927; People v Johnson, 96 AD2d 516; People v Smith, 33 AD2d 688). (Appeal from judgment of Niagara County Court, DiFlorio, J. — attempted criminal possession of forged instrument, second degree.) Present — Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.