People v. Grason
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hirsch, J.), rendered July 12, 2012, convicting him of sexual abuse in the first degree and assault in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the defendant’s plea of guilty is vacated, and the matter is remitted to Supreme Court, Queens County, for further proceedings on the indictment.
In order to be valid, a plea of guilty must be entered voluntarily, knowingly, and intelligently (see People v Mox, 20 NY3d 936, 938 [2012]; People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US 1048 [2008]; People v Robinson, 71 AD3d 1169, 1170 [2010]). “ ‘[W]here the defendant’s recitation of the facts underlying the crime pleaded to clearly casts significant doubt upon the defendant’s guilt or otherwise calls into question the voluntariness of the plea, . . . the trial court has a duty to inquire further to ensure [the] guilty plea is knowing and voluntary’ ” (People v Mox, 20 NY3d at 938, quoting People v Lopez, 71 NY2d 662, 666 [1988]; see People v Robinson, 71 AD3d at 1170).
The parties’ remaining contentions either are without merit or need not be reached in light of our determination.
Accordingly, the defendant’s plea of guilty must be vacated, and the matter remitted to the Supreme Court, Queens County, for further proceedings on the indictment. Skelos, J.P., Angiolillo, Dickerson and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.