33 Cited authorities

  1. Santobello v. New York

    404 U.S. 257 (1971)   Cited 4,860 times   7 Legal Analyses
    Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"
  2. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,837 times   1 Legal Analyses
    Rejecting Bourne
  3. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,246 times   3 Legal Analyses
    In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.
  4. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 506 times   7 Legal Analyses
    Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence
  5. 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).
  6. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 345 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25
  7. People v. Frederick

    45 N.Y.2d 520 (N.Y. 1978)   Cited 531 times
    In People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 (1978), the trial court informed the defendant at the plea allocution that no promises were being made concerning the sentence to be imposed.
  8. People v. Selikoff

    35 N.Y.2d 227 (N.Y. 1974)   Cited 526 times   3 Legal Analyses
    Finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that defendant's refusal to withdraw his plea did not entitle him to specific performance of original plea agreement
  9. People v. Taylor

    65 N.Y.2d 1 (N.Y. 1985)   Cited 347 times   1 Legal Analyses

    Argued March 21, 1985 Decided April 30, 1985 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Donald H. Monroe, J. Samuel J. Castellino, Public Defender ( William J. Lodico of counsel), for appellant. James T. Hayden, District Attorney, for respondent. KAYE, J. By pleading guilty, a defendant forfeits his right to seek reversal of his conviction on the ground that identification testimony or evidence of prior statements is inadmissible because the prosecution

  10. People v. Hill

    2007 N.Y. Slip Op. 8782 (N.Y. 2007)   Cited 165 times   2 Legal Analyses
    In Hill, the new sentence consisted of a period of imprisonment less than the determinate sentence originally imposed, followed by a period of PRS that together equaled the incarceratory period of the original sentence (see Hill, 9 N.Y.3d at 192, 849 N.Y.S.2d 13, 879 N.E.2d 152).