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Motion to Withdraw Guilty Plea Should Not Have Been Denied Without a Hearing

The Third Department determined County Court abused its discretion by denying defendant’s motion to withdraw her guilty plea without a hearing.  The court was aware defendant was under medication which was affecting her ability to think at the time she entered the plea:

…[A]n evidentiary hearing is … required upon a motion to withdraw a guilty plea “[w];here the record raises legitimate questions as to whether the plea was knowingly, intelligently and voluntarily entered into” … . County Court was well aware that defendant was being medicated for longstanding mental health issues, and was further on painkillers due to a recent injury. When she appeared before County Court …, defendant stated that her psychological issues were “out of control” and that she could not think. She further advised County Court that the painkillers she was taking left her unable to attend to her personal needs without assistance. County Court then adjourned the case pending trial, only to have defendant reappear a short time later and plead guilty. People v Bass, 2014 NY Slip Op 04079, 3rd Dept 6-5-14

 

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