§Why CasetextPricing

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

Brief

55 Cited authorities

  1. 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

  2. Wainwright v. Sykes

    433 U.S. 72 (1977)   Cited 8,760 times   12 Legal Analyses
    Holding that a state procedural waiver of a federal claim will serve to bar to federal habeas review of the claim absent a showing of "cause and prejudice"

  3. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,231 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

  4. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,856 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[.]"

  5. Carnley v. Cochran

    369 U.S. 506 (1962)   Cited 1,493 times   1 Legal Analyses
    Holding that "[p]resuming waiver [of the Sixth Amendment right to counsel] from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver."

  6. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,838 times   1 Legal Analyses
    Rejecting Bourne

  7. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 626 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

  8. 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.

  9. 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"

  10. 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).