§Why CasetextPricing

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

Brief

12 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,233 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

  2. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,317 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

  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,857 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[.]"

  4. 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.

  5. 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"

  6. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 319 times   5 Legal Analyses
    Reversing the Appellate Division for affirming the trial court's decision denying defendant's motion to withdraw his plea despite the failure to mention PRS during the allocution

  7. People v. Moissett

    76 N.Y.2d 909 (N.Y. 1990)   Cited 300 times

    Argued September 7, 1990 Decided October 16, 1990 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Eugene M. Hanofee, J. John Ferrara and Carl Silverstein for appellant. Stephen F. Lungen, District Attorney (Bonnie M. Mitzner of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. We conclude that there is support in the record for the Appellate Division's determination that defendant knowingly, voluntarily and intelligently

  8. 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).

  9. People v. Burwell

    53 N.Y.2d 849 (N.Y. 1981)   Cited 75 times

    Argued March 24, 1981 Decided May 5, 1981 Appeal from the Supreme Court in the First Judicial Department, BERNARD MOLDOW, J. Howard B. Comet and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney (David H. Steiner and Vivian Berger of counsel), for respondent. MEMORANDUM. The order of the Appellate Term should be reversed and the accusatory instrument dismissed. Following a trial by jury, appellant and her husband were both convicted of two counts of criminal possession

  10. People v. Andre Stewart

    2011 N.Y. Slip Op. 2718 (N.Y. 2011)   Cited 15 times

    No. 47. Argued February 15, 2011. decided April 5, 2011. 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 First Judicial Department, entered November 19, 2009. The Appellate Division affirmed an order of the Supreme Court, New York County (Bruce Allen, J.), which had denied defendant's CPL article 440 motion to vacate his judgment of conviction and sentence. People v Stewart, 67 AD3d 553, affirmed. Legal Aid Society