§Why CasetextPricing

The People, Respondent,v.Anthony Jones, Appellant.

Brief

9 Cited authorities

  1. People v. Farrar

    52 N.Y.2d 302 (N.Y. 1981)   Cited 1,115 times   1 Legal Analyses
    Expressing that "while the court legitimately may indicate that a proposed sentence is fair and acceptable, the necessary exercise of discretion cannot be fixed immutably at the time of the plea, for the decision requires information that may be unavailable then"

  2. Mask v. McGinnis

    233 F.3d 132 (2d Cir. 2000)   Cited 109 times   2 Legal Analyses
    Holding under AEDPA that the “state court's determination of factual issues ... were so closely intertwined with the state court's articulation of an erroneous legal standard, to which we owe no deference, that we can discern no independent factual issues to which we should defer”

  3. People v. Hernandez

    93 N.Y.2d 261 (N.Y. 1999)   Cited 52 times

    Argued March 30, 1999 Decided May 6, 1999 Judah Serfaty, for appellant. Robert A. Schwartz, for respondent. BELLACOSA, J.: This appeal stems from defendant's conviction for attempted rape and sexual abuse, each in the first degree. Defendant raises three issues: (1) the trial court's denial of his lawyer's challenge for cause of a potential juror, a New York State legislator; (2) a jury instruction defining attempt as a "substantial step" toward the completion of the crime (rather than specifying

  4. People v. Abdus-Samad

    274 A.D.2d 666 (N.Y. App. Div. 2000)   Cited 32 times

    July 13, 2000. Appeal from a judgment of the County Court of Washington County (Hemmett Jr., J.), rendered April 9, 1999, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree. Carl J. Silverstein, Monticello, for appellant. Robert M. Winn, District Attorney (Bert Turner of counsel), Fort Edward, for respondent. Before: Mercure, J.P., Crew III, Mugglin, Rose and Lahtinen, JJ. MEMORANDUM AND ORDER Mugglin, J. Defendant, a prison inmate

  5. People v. Kistner

    291 A.D.2d 856 (N.Y. App. Div. 2002)   Cited 29 times

    KA 00-02866 February 1, 2002. Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered October 16, 2000, convicting defendant by plea of guilty of attempted burglary in the second degree. ALAN BIRNHOLZ, AMHERST, FOR DEFENDANT-APPELLANT. MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT. PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ. It is hereby ORDERED that the judgment so appealed from be and the same

  6. People v. Hazel

    13 Misc. 3d 728 (N.Y. Misc. 2006)   Cited 15 times

    No. 17519C-05. September 28, 2006. Bronx Defenders ( Robin G. Steinberg and Lily J. Shapiro of counsel), for defendant. Robert T. Johnson, District Attorney ( Jean Soo Park and David S. Weisel of counsel), for plaintiff. OPINION OF THE COURT JOSEPH J. DAWSON, J. Defendant moves pursuant to section 420.40 (2) of THE Criminal Procedure Law to defer payment of the mandatory surcharge, crime victim assistance fee and DNA databank fee imposed in this case (collectively the surcharges). The People take

  7. People v. Pierce

    16 Misc. 3d 1126 (N.Y. Sup. Ct. 2007)   Cited 14 times

    No. 1624/2002. July 2, 2007. Kahn, J. Crimes — Sentence — Mandatory Surcharge — Deferral. Criminal Procedure Law — § 420.40 (Deferral of mandatory surcharge; financial hardship hearings).

  8. People v. Harris

    51 A.D.3d 523 (N.Y. App. Div. 2008)   Cited 11 times

    May 15, 2008. Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered December 7, 2006, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1½ years, unanimously affirmed. Before: Mazzarelli, J.P., Friedman, Buckley, Sweeny and Renwick, JJ. The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement

  9. People v. Coffman

    36 Misc. 3d 1207 (N.Y. Sup. Ct. 2012)   Cited 4 times

    No. 1394–2010. 2012-07-2 The PEOPLE of the State of New York, v. David COFFMAN, Defendant. Robert T. Johnson, Esq., District Attorney, Bronx County, (Jennetta G. Philbert, Esq., of Counsel), for the People of the State of New York. David Coffman, Pro Se. DOMINIC R. MASSARO Robert T. Johnson, Esq., District Attorney, Bronx County, (Jennetta G. Philbert, Esq., of Counsel), for the People of the State of New York. David Coffman, Pro Se. DOMINIC R. MASSARO, J. Pursuant to CPL § 420.40, Defendant David