§Why CasetextPricing

The People, Respondent,v.Federico Perez, Appellant.

Brief

22 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,230 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

  2. U.S. v. Dominguez Benitez

    542 U.S. 74 (2004)   Cited 1,974 times   6 Legal Analyses
    Holding that Rule 11 plain error warrants reversal only if there is "a reasonable probability that, but for the error, [the defendant] would not have entered the plea"

  3. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,314 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense

  4. Parke v. Raley

    506 U.S. 20 (1992)   Cited 1,580 times
    Holding "presumption of regularity that attaches to final judgments makes it appropriate" for defendant to have burden of showing irregularity of prior plea

  5. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,856 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[.]"

  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. Fiumefreddo

    82 N.Y.2d 536 (N.Y. 1993)   Cited 711 times   1 Legal Analyses
    In People v Fiumefreddo (82 NY2d 536), defendant moved to withdraw her guilty plea, arguing that it had been coerced because it was connected to the prosecutor's acceptance of a plea bargain favorable to her codefendant father, who was elderly and ill. Although stating that connected pleas presented a matter "requir[ing] special care," we rejected the defendant's argument that her plea had been involuntary, noting that the plea had been subject to several months of negotiations; that the court engaged in a "lengthy and detailed colloquy"; and that she never denied her guilt (id. at 545-546).

  9. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 319 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

  10. People v. Keizer

    100 N.Y.2d 114 (N.Y. 2003)   Cited 175 times
    In Keizer, we held that, where there was a jurisdictionally sufficient accusatory instrument, a claim of error based on a guilty plea in violation of CPL 220.10 to a crime that is of a lesser grade, but not a lesser included offense (CPL 1.20[37]) of a crime charged in the accusatory instrument was forfeited by the guilty plea (see 100 N.Y.2d at 119, 760 N.Y.S.2d 720, 790 N.E.2d 1149).