§Why CasetextPricing

The People, Appellant,v.Ricky D. Gates, Respondent.

Brief

30 Cited authorities

  1. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,311 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

  2. 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

  3. Fare v. Michael C.

    442 U.S. 707 (1979)   Cited 1,663 times   3 Legal Analyses
    Holding that officers' remarks to a sixteen-year-old juvenile that a cooperative attitude would be to his benefit were far from threatening or coercive where he was thoroughly informed of his Miranda rights and the officers' questioning was "restrained and free from the abuses that so concerned the Court in Miranda"

  4. 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[.]"

  5. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,272 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.

  6. 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.

  7. 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"

  8. People v. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 781 times   4 Legal Analyses
    Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag

  9. People v. Sougou

    2015 N.Y. Slip Op. 8617 (N.Y. 2015)   Cited 243 times
    In Sougou (26 NY3d at 1055), the judge directly addressed the defendant on the record and "asked specifically whether defendant had discussed the plea and the sentence, as described in open court, with his lawyer; whether defendant was pleading voluntarily and of his own free will; and whether defendant understood that he was giving up his right to a trial and to hearings on the search and seizure evidence.

  10. People v. Yukl

    25 N.Y.2d 585 (N.Y. 1969)   Cited 1,010 times   1 Legal Analyses
    Holding that reasonable innocent man in defendant's position would not have considered himself "in custody" during interview at police station where he had called police, voluntarily accompanied officers to police station, and voluntarily answered questions