62 Cited authorities

  1. People v. Lopez

    2006 N.Y. Slip Op. 1195 (N.Y. 2006)   Cited 3,893 times   1 Legal Analyses
    Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive
  2. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,391 times
    Requiring colloquy before accepting waivers of right to appeal
  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,859 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"
  4. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,839 times   1 Legal Analyses
    Rejecting Bourne
  5. People v. Harris

    61 N.Y.2d 9 (N.Y. 1983)   Cited 1,659 times
    In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.
  6. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,145 times
    Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims
  7. Hallock v. State of New York

    64 N.Y.2d 224 (N.Y. 1984)   Cited 1,508 times
    Holding that "[e]ssential to the creation of apparent authority are words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction...[t]he agent cannot by his own acts imbue himself with apparent authority."
  8. People v. Udzinski

    146 A.D.2d 245 (N.Y. App. Div. 1989)   Cited 1,191 times
    Holding that an issue was unpreserved for appellate review because "defense counsel did not object or except to the Trial Judge's definition of the term 'forcible compulsion' in its jury charge"
  9. Saratoga Cty. Chamber of Commerce v. Pataki

    100 N.Y.2d 801 (N.Y. 2003)   Cited 638 times   2 Legal Analyses
    Holding that approval of Indian gaming compact by the governor usurped the power of the legislature and violated the state constitution and the separation of powers doctrine
  10. People v. Fiumefreddo

    82 N.Y.2d 536 (N.Y. 1993)   Cited 711 times   1 Legal Analyses
    In People v Fiumefreddo (82 NY2d 536), defendant moved to withdraw her guilty plea, arguing that it had been coerced because it was connected to the prosecutor's acceptance of a plea bargain favorable to her codefendant father, who was elderly and ill. Although stating that connected pleas presented a matter "requir[ing] special care," we rejected the defendant's argument that her plea had been involuntary, noting that the plea had been subject to several months of negotiations; that the court engaged in a "lengthy and detailed colloquy"; and that she never denied her guilt (id. at 545-546).