31 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,620 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"
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,975 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.
People v. Hidalgo
91 N.Y.2d 733 (N.Y. 1998) Cited 1,455 times 2 Legal Analyses
Asserting that waiver of right to appeal encompassed sentencing claim where defendant pleaded guilty without an agreed-upon sentence, was informed of the maximum time she faced, and indicated that she understood the terms of the plea and the waiver
People v. Rivera
71 N.Y.2d 705 (N.Y. 1988) Cited 1,828 times
Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel
People v. Fiumefreddo
82 N.Y.2d 536 (N.Y. 1993) Cited 710 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).
People v. Henry
95 N.Y.2d 563 (N.Y. 2000) Cited 410 times
Argued November 15, 2000. Decided December 21, 2000. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered November 29, 1999, which (1) reversed, on the law, a judgment of the Supreme Court (Seymour Katz, J.), rendered in Queens County upon a verdict convicting defendant of robbery in the first degree and robbery in the second degree, and (2) ordered a new trial. Donna Aldea, for appellant. Todd A
People v. Alexander
97 N.Y.2d 482 (N.Y. 2002) Cited 266 times
In Alexander, the defendant, while awaiting sentence, moved to withdraw his guilty plea, claiming he was not competent when he entered it.
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
People v. Tinsley
35 N.Y.2d 926 (N.Y. 1974) Cited 463 times
In People v Tinsley (35 N.Y.2d 926, 927), it was held that the nature and extent of the fact-finding procedures prerequisite to the disposition of an application to withdraw a plea of guilty previously entered rest largely in the discretion of the Judge to whom the application is made.
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.

The People, Respondent,v.Tyrone D. Manor, Appellant.

31 Cited authorities

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"

In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

Asserting that waiver of right to appeal encompassed sentencing claim where defendant pleaded guilty without an agreed-upon sentence, was informed of the maximum time she faced, and indicated that she understood the terms of the plea and the waiver

Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel

In Alexander, the defendant, while awaiting sentence, moved to withdraw his guilty plea, claiming he was not competent when he entered it.

In People v Tinsley (35 N.Y.2d 926, 927), it was held that the nature and extent of the fact-finding procedures prerequisite to the disposition of an application to withdraw a plea of guilty previously entered rest largely in the discretion of the Judge to whom the application is made.

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.