20 Cited authorities

  1. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 3,854 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel
  2. Ross v. Moffitt

    417 U.S. 600 (1974)   Cited 1,425 times   1 Legal Analyses
    Holding criminal defendant's right to counsel at trial to be "fundamental"
  3. People c. v. Evans

    94 N.Y.2d 499 (N.Y. 2000)   Cited 411 times
    Finding law of the case addresses judicial determinations made in course of single litigation
  4. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 248 times   1 Legal Analyses
    Noting that a petition for writ of error coram nobis was the appropriate avenue for relief where notice of appeal was not filed due to ineffective assistance of counsel and the one-year period in C.P.L. 460.30 had lapsed
  5. People v. Bachert

    69 N.Y.2d 593 (N.Y. 1987)   Cited 241 times   1 Legal Analyses
    Holding that appellate counsel ineffectiveness claims must be raised in writ of error coram nobis
  6. Matter of Dondi v. Jones

    351 N.E.2d 650 (N.Y. 1976)   Cited 243 times
    In Matter of Dondi v Jones (40 N.Y.2d 8, 13, supra), we recognized that prohibition would be an appropriate remedy if it were found that a Special Prosecutor was exceeding the authority conferred upon him through Executive Order by prosecuting a particular criminal defendant under an existing indictment.
  7. People v. Montgomery

    247 N.E.2d 130 (N.Y. 1969)   Cited 180 times
    In Montgomery, the Court of Appeals held that a defendant "should be resentenced so that his time to appeal will run anew" if he is able to establish that his failure to appeal resulted from omissions by his counsel.
  8. Matter of Lyons v. Goldstein

    290 N.Y. 19 (N.Y. 1943)   Cited 203 times
    In Lyons, we observed that such "inherent power * * * cannot be doubted", and that any interpretation of the Code of Criminal Procedure or the Penal Law that would preclude granting a hearing on the merits to a defendant on a claim of fraud and misrepresentation "would be repugnant to the due process clauses" of the Federal and State Constitutions (290 N.Y., at 25, supra).
  9. People v. Vinod Patel

    74 A.D.3d 1098 (N.Y. App. Div. 2010)   Cited 12 times

    No. 2007-01272. June 15, 2010. Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Kase, J.), rendered January 11, 2007, convicting him of rape in the first degree, criminal sexual act in the first degree (two counts), and incest, upon his plea of guilty, and imposing sentence. The appeal brings up for review an order of protection issued at the time of sentencing. Mitchell Dranow, Mineola, N.Y., for appellant, and appellant pro se. Kathleen M. Rice, District Attorney, Mineola

  10. People v. Corso

    357 N.E.2d 357 (N.Y. 1976)   Cited 54 times
    Explaining that a petitioner may move at any time to vacate judgment under CPL §440.10