People v. Carter — 144 A.D.2d 1034

Majority

p. 1034

The People of the State of New York, Respondent, v Joanne Carter, Appellant.

Judgment unanimously reversed on the law, plea vacated and matter remitted to Niagara County Court for further proceedings on the indictment. Mem

p. 1035

orandum: 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.

Cases cited

People v. Tinsley 35 NY2d 926 N.Y. 1974-12-20 at 927 p. 1035