43 Cited authorities

People v. Lopez
2006 N.Y. Slip Op. 1195 (N.Y. 2006) Cited 3,891 times 1 Legal Analyses
Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive
Illinois v. Allen
397 U.S. 337 (1970) Cited 2,886 times 16 Legal Analyses
Holding that a defendant can forfeit his Sixth Amendment right to be present in trial if he insists on being “so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom”
Brewer v. Williams
430 U.S. 387 (1977) Cited 2,119 times 2 Legal Analyses
Holding a police officer violated Williams' Sixth Amendment right to counsel by “deliberately and designedly set[ting] out to elicit information from Williams just as surely as and perhaps more effectively than if he had formally interrogated him”
Johnson v. Zerbst
304 U.S. 458 (1938) Cited 8,802 times 19 Legal Analyses
Holding that a waiver of constitutional rights must be knowing and intelligent
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.
People v. Callahan
80 N.Y.2d 273 (N.Y. 1992) Cited 1,145 times
Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims
Snyder v. Massachusetts
291 U.S. 97 (1934) Cited 2,463 times 1 Legal Analyses
Holding that defendant had no right of presence at jury’s viewing of the crime scene because he couldn’t have gained anything from being there
People v. O'Rama
78 N.Y.2d 270 (N.Y. 1991) Cited 571 times 4 Legal Analyses
Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
People v. Parker
57 N.Y.2d 136 (N.Y. 1982) Cited 473 times 2 Legal Analyses
Describing the facts the trial court must consider before deeming a defendant to have knowingly and voluntarily waived his right to be present as his criminal trial
People v. Dokes
79 N.Y.2d 656 (N.Y. 1992) Cited 305 times 2 Legal Analyses
Holding defendant's presence required at Sandoval hearing

The People, Appellant,v.Anner Rivera, Respondent.

43 Cited authorities

Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive

Holding that a defendant can forfeit his Sixth Amendment right to be present in trial if he insists on being “so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom”

Holding a police officer violated Williams' Sixth Amendment right to counsel by “deliberately and designedly set[ting] out to elicit information from Williams just as surely as and perhaps more effectively than if he had formally interrogated him”

Holding that a waiver of constitutional rights must be knowing and intelligent

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.

Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims

Holding that defendant had no right of presence at jury’s viewing of the crime scene because he couldn’t have gained anything from being there

Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

Describing the facts the trial court must consider before deeming a defendant to have knowingly and voluntarily waived his right to be present as his criminal trial

Holding defendant's presence required at Sandoval hearing