§Why CasetextPricing

The People, Respondent,v.Kenneth Moore, Appellant.

Brief

11 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. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,312 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

  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,855 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[.]"

  4. 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.

  5. 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"

  6. 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

  7. People v. Goldstein

    2009 N.Y. Slip Op. 3410 (N.Y. 2009)   Cited 180 times

    No. 67. Argued April 1, 2009. decided April 30, 2009. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered May 22, 2008. The Appellate Division affirmed a judgment of the Sullivan County Court (Burton Ledina, J.), which had convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree

  8. People v. Flynn

    79 N.Y.2d 879 (N.Y. 1992)   Cited 98 times
    In People v. Flynn (79 N.Y.2d 879, supra), the defendant argued that a motor vehicle accident report filed by the complainant with the Department of Motor Vehicles (DMV) was Rosario material based on that agency's law enforcement functions (DMV investigators are designated peace officers [CPL 2.10 (32)], and the DMV is involved in the adjudication of offenses resulting in fines and license revocations).

  9. People v. Rodriguez

    83 A.D.3d 449 (N.Y. App. Div. 2011)   Cited 29 times

    No. 4729. April 7, 2011. Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered October 27, 2009, as amended November 6, 2009, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree and operating a motor vehicle while under the influence of alcohol, and sentencing him, as a second felony offender, to an aggregate term of 1½ to 3 years, unanimously affirmed. Robert S. Dean, Center for Appellate Litigation, New York (Katharine

  10. People v. Burwell

    53 N.Y.2d 849 (N.Y. 1981)   Cited 75 times

    Argued March 24, 1981 Decided May 5, 1981 Appeal from the Supreme Court in the First Judicial Department, BERNARD MOLDOW, J. Howard B. Comet and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney (David H. Steiner and Vivian Berger of counsel), for respondent. MEMORANDUM. The order of the Appellate Term should be reversed and the accusatory instrument dismissed. Following a trial by jury, appellant and her husband were both convicted of two counts of criminal possession