14 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,207 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
  2. 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.
  3. 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).
  4. People v. Flynn

    79 N.Y.2d 879 (N.Y. 1992)   Cited 98 times
    In People v. Flynn (79 N.Y.2d 879, supra), the defendant argued that a motor vehicle accident report filed by the complainant with the Department of Motor Vehicles (DMV) was Rosario material based on that agency's law enforcement functions (DMV investigators are designated peace officers [CPL 2.10 (32)], and the DMV is involved in the adjudication of offenses resulting in fines and license revocations).
  5. Hanson v. Phillips

    442 F.3d 789 (2d Cir. 2006)   Cited 56 times   2 Legal Analyses
    Sentencing court's "confusing mixture of questions and statements" created too messy a record to determine whether the petitioner was pleading voluntarily
  6. People v. Facey

    30 Misc. 3d 138 (N.Y. App. Term 2011)   Cited 19 times

    Decided February 16, 2011. Crimes — Information — Sufficiency of Information Charging Possession of Marihuana. Penal Law — § 221.10 (1) (Criminal possession of marihuana, fifth degree). Penal Law — § 10.00 (8) ("Possess" defined).

  7. People v. Aleman

    43 A.D.3d 756 (N.Y. App. Div. 2007)   Cited 10 times

    No. 1341. September 25, 2007. Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 13, 2005, convicting defendant, upon his guilty plea, of conspiracy in the second degree and sentencing him to a term of 12/3 to 5 years, unanimously reversed, on the law and the facts, the guilty plea and conviction vacated and the matter remanded for further proceedings. Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry S. Jamieson of counsel), for appellant. Robert

  8. People v. Colon

    42 A.D.3d 411 (N.Y. App. Div. 2007)   Cited 10 times

    No. 39. July 26, 2007. Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered September 19, 2002, convicting defendant, upon his plea of guilty, of two counts of rape in the second degree and two counts of sodomy in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2½ to 5 years, unanimously reversed, on the law and in the interest of justice, the plea vacated, the motion to suppress testimony as to the out-of-court identification made by

  9. People v. Robles

    22 Misc. 3d 140 (N.Y. App. Term 2009)   Cited 5 times   1 Legal Analyses

    March 9, 2009. Crimes-Plea of Guilty.

  10. People v. Hastings

    32 Misc. 3d 129 (N.Y. App. Term 2011)   Cited 3 times

    July 7, 2011. Crimes — Plea of Guilty — Sufficiency of Allocution — Failure to Inform Defendant of Rights.