23 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 132,898 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 320 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25
  3. People v. Samms

    95 N.Y.2d 52 (N.Y. 2000)   Cited 201 times
    Discussing this exception to the preservation rule
  4. People v. Morse

    62 N.Y.2d 205 (N.Y. 1984)   Cited 175 times
    Holding that the "Legislature intended that the two or more predicate violent felony offenses required under the persistent violent felony offender law as the predicate for enhanced punishment under that statute be determined . . . sequentially (i.e., so that the second offense, to be counted as a predicate, must be committed after sentence was imposed on the first)"
  5. People v. Gonzalez

    61 N.Y.2d 586 (N.Y. 1984)   Cited 168 times
    In People v. Gonzalez, 61 N.Y.2d 586, 590-591 (1984), the Court held that, when a foreign statute renders criminal more than one act, and one or more of the acts are the equivalent of a felony in New York but others are not, it is permissible to go beyond the statute and look to the accusatory instrument to determine of what act the defendant was convicted.
  6. People v. Muniz

    74 N.Y.2d 464 (N.Y. 1989)   Cited 137 times   1 Legal Analyses
    Holding that the inquiry of whether an out-of-state conviction constitutes a predicate offense in New York is ordinarily limited to a comparison of penal statutes
  7. People v. Smith

    73 N.Y.2d 961 (N.Y. 1989)   Cited 131 times
    In Smith, the Court held that because the defendant failed timely to controvert the allegations of the predicate felony statement, "any question concerning whether defendant's prior conviction of kidnapping under 18 USC § 1201 is equivalent to his conviction of a felony in New York has not been preserved for our review" (id. at 963).
  8. North v. Board of Examiners

    2007 N.Y. Slip Op. 5781 (N.Y. 2007)   Cited 71 times
    In Matter of North v Board of Examiners of Sex Offenders of State of N.Y. (8 NY3d 745, 747), the Court of Appeals was faced with the issue whether a person convicted of the federal offense of "possession of child pornography" was subject to the registration requirements of SORA.
  9. People v. Olah

    300 N.Y. 96 (N.Y. 1949)   Cited 223 times
    In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."
  10. People v. Ramos

    971 N.E.2d 369 (N.Y. 2012)   Cited 25 times

    2012-06-12 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Appellant. Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel), for respondent. SMITH Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel)