46 Cited authorities

Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,220 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
Griffith v. Kentucky
479 U.S. 314 (1987) Cited 3,328 times 15 Legal Analyses
Holding that on direct review, a new constitutional rule must be applied retroactively "to all cases, state or federal"
Florida v. Nixon
543 U.S. 175 (2004) Cited 1,162 times 8 Legal Analyses
Holding that counsel provided effective assistance when he conceded the defendant's guilt during a capital murder trial while maintaining the right to cross-examine the prosecution's witnesses, because this was acceptable strategy to focus his preparation on finding and presenting mitigating evidence during the penalty phase in an attempt to ward off the death penalty
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[.]"
People v. Peque
2013 N.Y. Slip Op. 7651 (N.Y. 2013) Cited 624 times
Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
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.
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"
People v. Alejandro
70 N.Y.2d 133 (N.Y. 1987) Cited 1,214 times
Reviewing the legislature's intent to create a "demanding standard" for the sufficiency of informations
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. Dreyden
2010 N.Y. Slip Op. 5243 (N.Y. 2010) Cited 404 times 1 Legal Analyses
Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"

The People, Respondent,v.Joseph Conceicao, Appellant.

46 Cited authorities

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding that on direct review, a new constitutional rule must be applied retroactively "to all cases, state or federal"

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[.]"

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

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.

Vacating defendant's plea and finding that there was "indication that defendant spoke with his attorney regarding the constitutional consequences of taking a plea"

Reviewing the legislature's intent to create a "demanding standard" for the sufficiency of informations

Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"