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Sunday, October 12, 2014

State v. Cesar A. Lipa (A-31-1

State v. Cesar A. Lipa (A-31-12; 071011) 
In the face of a general denial and specific, potentially plausible facts negating guilt, defendant’s argument that the trial court misapplied the standard for deciding a pre-sentence motion to withdraw a guilty plea has merit. Balancing the evidence and arguments in this case against all of the Slater factors, defendant is entitled to withdraw his guilty plea in the interest of justice.