The following excerpt is from People v. Fields, 59 Misc.3d 817, 72 N.Y.S.3d 802 (N.Y. Cty. Ct. 2018):
People v. Seeber , 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 [2005] ); new evidence tending to prove innocence ( People v. Lewis , 13 A.D.3d 810, 788 N.Y.S.2d 181 [3d Dept. 2004] ); and ineffective assistance of counsel ( People v. Cepeda , 29 A.D.3d 491, 816 N.Y.S.2d 437 [1st Dept. 2006] ). A determination of whether the defendant has entered the plea voluntarily, knowingly and intelligently is left to the trial court's sound discretion ( People v. Nixon , 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 [1967] ).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.