§Why CasetextPricing

The People, Respondent,v.Raymond Leach, Appellant.

Brief

19 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,631 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  2. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,388 times
    Requiring colloquy before accepting waivers of right to appeal

  3. Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.

    437 U.S. 214 (1978)   Cited 946 times   4 Legal Analyses
    Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

  4. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,852 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[.]"

  5. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,837 times   1 Legal Analyses
    Rejecting Bourne

  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. Dixon v. Miller

    293 F.3d 74 (2d Cir. 2002)   Cited 195 times
    Upholding inference that the plaintiff "knowingly possessed . . . heroin" where the police "observed [the passenger's] hand moving across the front seat near a partially concealed gun" and, after searching the car, discovered a "brown paper bag" containing heroin underneath the driver's seat

  8. People v. Nixon

    21 N.Y.2d 338 (N.Y. 1967)   Cited 531 times
    In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.

  9. People v. Parilla

    2007 N.Y. Slip Op. 5133 (N.Y. 2007)   Cited 69 times
    Holding that "under a guilty plea, a defendant . . . forfeits the right to revive certain claims made prior to the plea"

  10. U.S. v. Borrero-Acevedo

    533 F.3d 11 (1st Cir. 2008)   Cited 55 times
    Holding that a defendant "must show that the waiver of appellate rights was deficient and that he would otherwise not have pled guilty" in order to meet the burden to show that substantial rights are affected

  11. Section 1320d-5 - General penalty for failure to comply with requirements and standards

    42 U.S.C. § 1320d-5   Cited 199 times   11 Legal Analyses
    Prescribing penalties where the entity "did not know" it committed a violation