The People of the State of New York v. Deborah A. Moquin

Summary

The New York Court of Appeals held that a trial court lacks statutory or inherent authority to vacate a guilty plea and sentence after the defendant has begun serving the sentence, even when a dismissed indictment count is later reinstated on appeal; consequently the Court reversed the Appellate Division and reinstated the County Court order. The Court also affirmed that double jeopardy bars reprosecution of the reinstated count. Justice Bellacosa dissented, arguing the plea was conditional and should be vacated.