16 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,831 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,613 times   131 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  3. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,314 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense
  4. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,215 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."
  5. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,976 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.
  6. Powell v. Alabama

    287 U.S. 45 (1932)   Cited 4,170 times   8 Legal Analyses
    Holding that the Fourteenth Amendment provides capital defendants with a right to appointed counsel because the due process right to be heard encompasses a right to be heard by counsel
  7. People v. Tyrell

    2013 N.Y. Slip Op. 8288 (N.Y. 2013)   Cited 497 times
    Vacating defendant's plea and finding that there was "indication that defendant spoke with his attorney regarding the constitutional consequences of taking a plea"
  8. 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).
  9. People v. Brown

    2010 N.Y. Slip Op. 1376 (N.Y. 2010)   Cited 204 times

    No. 28. Argued January 14, 2010. Decided February 18, 2010. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered February 6, 2009. The Appellate Division affirmed a judgment of the Monroe County Court (Alex R. Renzi, J.), which had convicted defendant, upon his plea of guilty, of robbery in the third degree and grand larceny in the fourth degree. People v Brown, 59 AD3d 937, reversed

  10. People v. Cooks

    67 N.Y.2d 100 (N.Y. 1986)   Cited 307 times
    Holding that the purpose of C.P.L. § 440.10(b) is to prevent a motion to vacate from being employed as a substitute for a direct appeal when defendant is in a position to raise such issues on appeal