Appellate Division, Fourth Department · October 9, 2026 · 2026 NY Slip Op 05891
People v Hemingway
Read the official decision: 2026 NY Slip Op 05891
Holding The court affirmed the denial of the defendant’s motion to withdraw his guilty plea, finding no abuse of discretion and rejecting the argument that the lower court considered the wrong plea transcript. Additionally, the court held that it was not required to state on the record its specific reasons for denying the defendant’s request for youthful offender treatment.
The court’s words
permission to withdraw a guilty plea rests solely within the court's discretion
2026 NY Slip Op 05891, at the official text
it is not required to state its reasons for denying such a request
2026 NY Slip Op 05891, at the official text
we may presume that the court considered the proper plea when denying defendant's motion
2026 NY Slip Op 05891, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 9, 2026 |
| Citation | 2026 NY Slip Op 05891 |
| Area of law | Criminal Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05891 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1119 |
Recommended citation
ESQ HQ, New York Law Watch, People v Hemingway, 2026 NY Slip Op 05891 (Appellate Division, Fourth Department, October 9, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05891/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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