§Why CasetextPricing

The People, Respondent,v.Andre Collier, Appellant.

Brief

20 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. 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

  3. People v. Francabandera

    33 N.Y.2d 429 (N.Y. 1974)   Cited 141 times
    Holding that statutory definition of "incapacitated person" applied only to persons with a "mental imbalance"

  4. People v. Taveras

    2008 N.Y. Slip Op. 2460 (N.Y. 2008)   Cited 35 times   1 Legal Analyses

    Nos. 30, 31. Argued February 7, 2008. Decided March 18, 2008. APPEAL, in the first above-entitled action, 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 March 27, 2007. The Appellate Division granted the People's motion to dismiss defendant's appeal from a judgment of the Supreme Court, New York County (Stephen G. Crane, J.), which had convicted defendant in absentia, upon a jury verdict

  5. People v. Lynn

    28 N.Y.2d 196 (N.Y. 1971)   Cited 106 times
    In People v. Lynn (28 N.Y.2d 196) the Court of Appeals was called upon to determine whether upon a plea of guilty, counsel must, pursuant to the rule enunciated in Montgomery (supra), advise a defendant of his right to appeal.

  6. People v. Donnelly

    80 A.D.3d 797 (N.Y. App. Div. 2011)   Cited 9 times

    No. 102971. January 6, 2011. Appeal from a judgment of the County Court of Greene County (Lalor, J.), rendered April 28, 2009, convicting defendant upon his plea of guilty of the crime of burglary in the third degree. Martin J. McGuinness, Glens Falls, for appellant. Terry J. Wilhelm, District Attorney, Catskill (Danielle D. McIntosh of counsel), for respondent. Before: Peters, J.P., Spain, Rose and Lahtinen, JJ. McCarthy, J. Defendant pleaded guilty to a superior court information charging him with

  7. People v. Ryan

    83 A.D.3d 1128 (N.Y. App. Div. 2011)   Cited 8 times

    No. 103270. April 7, 2011. McCarthy, J. Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered December 14, 2009, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated. David M. Kaplan, Penfield, for appellant. Weeden A. Wetmore, District Attorney, Elmira (Susan Rider-Ulacco of counsel), for respondent. Before: Spain, J.P., Stein, Garry and Egan Jr., JJ. After

  8. People v. DePerno

    92 A.D.3d 1089 (N.Y. App. Div. 2012)   Cited 7 times
    In People v. DePerno, 92 AD3d 1089, the Appellate Division, Third Department, merely determined that the sentencing component of the 2010 plea agreement was illegal and, therefore, vacated the illegal sentences and remitted the matter to the Cortland County Court "... for resentencing in accordance with the relevant statutes, with the opportunity for either party to withdraw from the plea agreement."

  9. People v. Martin

    278 A.D.2d 743 (N.Y. App. Div. 2000)   Cited 17 times

    December 28, 2000. Appeals (1) from a judgment of the County Court of Saratoga County (Scarano Jr., J.), rendered November 2, 1998, convicting defendant upon his plea of guilty of the crimes of attempted sodomy in the first degree and sexual abuse in the first degree, and (2) from a judgment of said court, rendered March 5, 1999, which resentenced defendant. Eugene P. Grimmick, Troy, for appellant. James A. Murphy III, District Attorney (Nicholas E. Tishler of counsel), Ballston Spa, for respondent

  10. People v. Sheils

    288 A.D.2d 504 (N.Y. App. Div. 2001)   Cited 16 times

    November 1, 2001. Appeal from a judgment of the County Court of Fulton County (Lomanto, J.), rendered December 20, 1999, which resentenced defendant following his conviction of the crime of criminal possession of a controlled substance in the third degree. Carol M. Dillon, Amsterdam, for appellant. Polly A. Hoye, District Attorney, Johnstown, for respondent. Before: Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ. MEMORANDUM AND ORDER Lahtinen, J. Defendant was indicted on five counts of varying