Is a defendant's withdrawn guilty plea admissible as evidence in a subsequent civil action?

"New York", United States of America

The following excerpt is from Cohens v. Hess, 683 N.Y.S.2d 161, 92 N.Y.2d 511 (N.Y. 1998):

In Ando v. Woodberry, 8 N.Y.2d 165, 203 N.Y.S.2d 74, 168 N.E.2d 520, supra, we held that a guilty plea to a traffic violation is admissible as proof of negligence in a subsequent civil action, noting that a defendant is entitled to explain the plea so that the jury might decide whether to afford it any weight. No reason exists why a similar rule should not also apply in this case. Among the considerations supporting our ruling in Spitaleri was that permitting the People to use a defendant's previously withdrawn plea of guilt at trial would in effect force the defendant to take the stand (People v. Spitaleri, at 173, 212 N.Y.S.2d 53, 173 N.E.2d 35). Clearly, use of a withdrawn guilty plea as evidence of a material factual issue in a civil case does not give rise to the same concern.

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