10 Cited authorities

  1. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 289 times   5 Legal Analyses
    Reversing the Appellate Division for affirming the trial court's decision denying defendant's motion to withdraw his plea despite the failure to mention PRS during the allocution
  2. People v. Selikoff

    35 N.Y.2d 227 (N.Y. 1974)   Cited 508 times   3 Legal Analyses
    Finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that defendant's refusal to withdraw his plea did not entitle him to specific performance of original plea agreement
  3. People v. Murray

    2010 N.Y. Slip Op. 5600 (N.Y. 2010)   Cited 117 times
    In Murray, the Judge informed the defendant that he would “probably” receive youthful offender status and a nine-month sentence if he complied with certain plea conditions set by the court.
  4. People v. Fuller

    57 N.Y.2d 152 (N.Y. 1982)   Cited 235 times
    In People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253 (1982), the New York Court of Appeals applied a narrow exception to the preservation doctrine in a case where the trial court exceeded its statutory authority, thereby levying an unlawful sentence.
  5. People v. Hicks

    98 N.Y.2d 185 (N.Y. 2002)   Cited 80 times

    97 Decided July 1, 2002. 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 9, 2001, which modified, on the law, and, as modified, affirmed a judgment of the Monroe County Court (William H. Bristol, J.), convicting defendant, upon his plea of guilty, of two county of rape in the first degree, and sentencing defendant 10 to 20 years. The modification consisted of vacating

  6. People v. Figgins

    87 N.Y.2d 840 (N.Y. 1995)   Cited 82 times   1 Legal Analyses

    Argued October 24, 1995 Decided November 30, 1995 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Donald J. Mark, J. Howard K. Broder, Rochester, for appellant. Howard R. Relin, District Attorney of Monroe County, Rochester (Alan Cruikshank of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Supreme Court promised defendant that it would sentence him to 2 1/2 to 5 years and temporarily release him on his own recognizance

  7. People v. McAlpin

    2011 N.Y. Slip Op. 8456 (N.Y. 2011)   Cited 44 times
    In McAlpin, the Court of Appeals determined that preservation was not required because the lower court did not inform the defendant that he would be subject to postrelease supervision until “moments before imposing the sentence” (id. at 938, 936 N.Y.S.2d 666, 960 N.E.2d 435).
  8. People v. Avery

    650 N.E.2d 384 (N.Y. 1995)   Cited 75 times
    Noting a plea agreement conditioned on defendant's successful completion of a drug rehabilitation program "furthers important public policy goals."
  9. People v. Pichardo

    1 N.Y.3d 126 (N.Y. 2003)   Cited 48 times
    In Pichardo, the earlier sentence was much the longer of the two, so that the promise of concurrent sentencing meant that the second sentence, entered on the plea, carried no additional jail time.
  10. People v. Jenkins

    11 N.Y.3d 282 (N.Y. 2008)   Cited 33 times

    Argued September 11, 2008. Decided October 23, 2008. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 26, 2007. The Appellate Division affirmed a judgment of the Supreme Court, New York County (John Cataldo, J., at plea; Arlene D. Goldberg, J., and Dora L. Irizarry, J., at proceedings; Michael R. Ambrecht, J., at sentence), which had (1) convicted defendant, upon his plea of guilty, of criminal