17 Cited authorities

  1. 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.
  2. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 507 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
  3. People v. Hill

    2007 N.Y. Slip Op. 8782 (N.Y. 2007)   Cited 166 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).
  4. State v. Tammi L. Van Deusen

    2006 N.Y. Slip Op. 5154 (N.Y. 2006)   Cited 45 times
    In People v Van Deusen (7 NY3d 744, 746 [2006]), we held that a defendant may vacate a plea even when the term imposed at sentencing, including both imprisonment and PRS, amounted to less time than the maximum term contemplated at the plea colloquy.
  5. 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

  6. People v. Rowland

    2007 N.Y. Slip Op. 2630 (N.Y. 2007)   Cited 32 times

    No. 42. Argued February 15, 2007. Decided March 29, 2007. 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 Third Judicial Department, entered July 20, 2006. The Appellate Division affirmed (1) a judgment of the Saratoga County Court (Jerry J. Scarano, Jr., J.), which had convicted defendant, upon his plea of guilty, of criminally negligent homicide and criminal possession of a weapon in the third degree, and (2)

  7. People v. Rivera

    51 A.D.3d 1267 (N.Y. App. Div. 2008)   Cited 19 times

    No. 100679. May 22, 2008. Appeals (1) from a judgment of the County Court of Ulster County (Czajka, J.), rendered August 19, 2005, convicting defendant upon his plea of guilty of the crimes of assault in the second degree and criminal possession of a weapon in the third degree, and (2) from a judgment of said court, rendered February 10, 2006, which resentenced defendant following his conviction of the crime of criminal possession of a weapon in the third degree. John Ferrara, Monticello, for appellant

  8. 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

  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. Cameron

    83 N.Y.2d 838 (N.Y. 1994)   Cited 22 times

    Argued February 10, 1994 Decided March 30, 1994 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Kenneth N. Browne, J. David B. Affler, New York City, and Philip L. Weinstein for appellant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Cheryl Hone and Steven J. Chananie of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Defendant was indicted for criminal possession of a controlled substance