§Why CasetextPricing

The People, Respondent,v.Mark Jurgins, Appellant.

Brief

23 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,509 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

  2. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 345 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25

  3. People v. Samms

    95 N.Y.2d 52 (N.Y. 2000)   Cited 222 times
    Discussing this exception to the preservation rule

  4. People v. Gonzalez

    61 N.Y.2d 586 (N.Y. 1984)   Cited 182 times
    Relying on Florida common law to determine whether "Florida's rule governing lesser included offenses is the same as our 'theoretical impossibility' test"

  5. People v. Morse

    62 N.Y.2d 205 (N.Y. 1984)   Cited 179 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)"

  6. North v. Board of Examiners

    2007 N.Y. Slip Op. 5781 (N.Y. 2007)   Cited 92 times
    In Matter of North v Board of Examiners of Sex Offenders of State of N.Y. (8 N.Y.3d 745, 753 [2007]), the Court of Appeals articulated that, in order to be a registerable offense in New York, "the 'essential elements' provision in SORA requires registration whenever an individual is convicted of criminal conduct in a foreign jurisdiction that, if committed in New York, would have amounted to a registerable New York offense."

  7. People v. Muniz

    74 N.Y.2d 464 (N.Y. 1989)   Cited 145 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

  8. People v. Smith

    73 N.Y.2d 961 (N.Y. 1989)   Cited 133 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).

  9. People v. Ramos

    2012 N.Y. Slip Op. 4669 (N.Y. 2012)   Cited 40 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)

  10. People v. Yusuf

    2012 N.Y. Slip Op. 4200 (N.Y. 2012)   Cited 34 times
    In Yusuf, the court addressed whether an out-of-state felony could qualify as a violent felony for purposes of enhanced sentencing under Penal Law § 70.70(4).