§Why CasetextPricing

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

Brief

12 Cited authorities

  1. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,853 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[.]"

  2. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,269 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.

  3. People v. Bennett

    70 N.Y.2d 891 (N.Y. 1987)   Cited 124 times

    Decided December 17, 1987 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Andrew F. Siedlecki, J. Franklin B. Resseguie for appellant. Robert J. Simpson, District Attorney (Judith A. Melville of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. On April 19, 1985, at 1:00 A.M. State Trooper Donald Faughnan and his partner, Ronald Bell, received a radio communication, directing them to investigate a one-car property

  4. People v. Jones

    114 A.D.3d 1239 (N.Y. App. Div. 2014)   Cited 47 times

    2014-02-14 The PEOPLE of the State of New York, Respondent, v. Clemon JONES, Also Known as Clement/Clemont Jones, Defendant–Appellant. (Appeal No. 1.). D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of Counsel), for Defendant–Appellant. Clemon Jones, Defendant–Appellant Pro Se. D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of Counsel), for Defendant–Appellant. Clemon Jones, Defendant–Appellant Pro Se. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent

  5. People v. Vaughan

    48 A.D.3d 1069 (N.Y. App. Div. 2008)   Cited 25 times

    No. KA 99-01241. February 1, 2008. Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Mark, J.), rendered October 26, 1999. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree. BRENNA, BRENNA BOYCE, PLLC, ROCHESTER (DONALD G. REHKOPF, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LESLIE E. SWIFT OF COUNSEL), FOR RESPONDENT. Present: Hurlbutt, J.P., Centra, Fahey, Peradotto and Pine, JJ. It is hereby

  6. People v. Dunbar

    5 N.Y.3d 834 (N.Y. 2005)   Cited 20 times   1 Legal Analyses

    134. Argued September 8, 2005. Decided October 20, 2005. 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 Fourth Judicial Department, entered November 19, 2004. The Appellate Division (1) affirmed an order of the Onondaga County Court (William D. Walsh, J.), which had granted defendant's motion to suppress the use of tangible property as evidence against him, and (2) dismissed the indictment. People v. Dunbar

  7. People v. Long

    27 A.D.3d 1053 (N.Y. App. Div. 2006)   Cited 5 times

    KA 05-01136. March 17, 2006. Appeal from an order of the Supreme Court, Monroe County (Francis A. Affronti, J.), entered July 20, 2004. The order granted that part of the motion of defendant seeking to suppress his statements and the weapon seized. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR PLAINTIFF-APPELLANT. PAUL F. SHANAHAN, ROCHESTER, FOR DEFENDANT-RESPONDENT. Present: Hurlbutt, J.P., Scudder, Gorski, Green and Hayes, JJ. It is hereby ordered that

  8. People v. Speed

    13 A.D.3d 1083 (N.Y. App. Div. 2004)   Cited 6 times

    KA 02-01482. December 30, 2004. Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered June 11, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree and burglary in the second degree. Before: Pigott, Jr., P.J., Pine, Hurlbutt, Kehoe and Lawton, JJ. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating that part of the plea of guilty to burglary

  9. People v. Harris

    4 A.D.3d 767 (N.Y. App. Div. 2004)   Cited 6 times

    KA 02-02321. February 11, 2004. Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered September 24, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree. CHARLES J. GREENBERG, BUFFALO, FOR DEFENDANT-APPELLANT. CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN, FOR PLAINTIFF-RESPONDENT. Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ. MEMORANDUM AND ORDER It is hereby

  10. People v. Ames

    184 A.D.2d 1083 (N.Y. App. Div. 1992)   Cited 7 times

    June 5, 1992 Appeal from the Supreme Court, Erie County, Kubiniec, J. Present — Denman, P.J., Boomer, Pine, Balio and Fallon, JJ. Appeal unanimously dismissed. Memorandum: As a condition of a negotiated plea bargain, defendant waived his right to appeal (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1). Inasmuch as the record demonstrates that the waiver was knowingly, intelligently and voluntarily made, defendant's appeal is dismissed (see, People v. Ford, 176 A.D.2d 1224;