14 Cited authorities

People v. Kalin
2009 N.Y. Slip Op. 2446 (N.Y. 2009) Cited 687 times
In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.
People v. Dumay
2014 N.Y. Slip Op. 4038 (N.Y. 2014) Cited 502 times
Finding factual allegations in information sufficient to support obstructing governmental administration charge, where information alleged that defendant slammed the trunk of police car and stood behind car preventing it from moving
People v. Dreyden
2010 N.Y. Slip Op. 5243 (N.Y. 2010) Cited 404 times 1 Legal Analyses
Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"
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).
People v. Thomas
4 N.Y.3d 143 (N.Y. 2005) Cited 152 times
In People v. Thomas, 4 NY3d 143 (2005), the Court of Appeals held that, at any time before trial or a guilty plea, the People are permitted to add new facts and joinable offenses by filing a superseding information.
People v. Hightower
2011 N.Y. Slip Op. 8960 (N.Y. 2011) Cited 78 times
In Hightower, the Court reversed the judgment of conviction and dismissed an accusatory instrument, holding that "[a]though the information in th[at] case described the events with enough clarity to provide reasonable cause that defendant was engaged in [the class B misdemeanors charged therein],... it was jurisdictionally defective as to the crime of which defendant was actually convicted—petit larceny," a class A misdemeanor (18 N.Y.3d at 254, 938 N.Y.S.2d 500, 961 N.E.2d 1111).
People v. Warrington
2016 N.Y. Slip Op. 8584 (N.Y. 2016) Cited 64 times
12-22-2016 The PEOPLE of the State of New York, Appellant, v. Brandon WARRINGTON, Respondent. Kathleen B. Hogan, District Attorney, Lake George (Jason M. Carusone and Emilee B. Davenport of counsel), for appellant. Paul J. Connolly, Delmar, for respondent. Kathleen B. Hogan, District Attorney, Lake George (Jason M. Carusone and Emilee B. Davenport of counsel), for appellant. Paul J. Connolly, Delmar, for respondent. OPINION OF THE COURT MEMORANDUM.The order of the Appellate Division should be reversed
State v. Cuadrado
2007 N.Y. Slip Op. 9905 (N.Y. 2007) Cited 81 times
In People v. Cuadrado, 9 N.Y.3d 362, 365, 850 N.Y.S.2d 375, 880 N.E.2d 861 (2007), the Court of Appeals expressly declined to create an exception for “fundamental” or “jurisdictional” defects, and defendant's arguments for collateral review in this regard are unavailing.
Matter of Jamie D
59 N.Y.2d 589 (N.Y. 1983) Cited 65 times
Defining weapon as "'as instrument of offensive or defensive combat'" (quoting WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 2589)
People v. Johnson
89 N.Y.2d 905 (N.Y. 1996) Cited 41 times
Noting New York courts approve "plea to the technically nonexistent crime of an attempt to commit a specific crime which, by definition, is committed without intent"

The People, Respondent,v.Albert Edward, Appellant.

14 Cited authorities

In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.

Finding factual allegations in information sufficient to support obstructing governmental administration charge, where information alleged that defendant slammed the trunk of police car and stood behind car preventing it from moving

Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"

In People v. Thomas, 4 NY3d 143 (2005), the Court of Appeals held that, at any time before trial or a guilty plea, the People are permitted to add new facts and joinable offenses by filing a superseding information.

In People v. Cuadrado, 9 N.Y.3d 362, 365, 850 N.Y.S.2d 375, 880 N.E.2d 861 (2007), the Court of Appeals expressly declined to create an exception for “fundamental” or “jurisdictional” defects, and defendant's arguments for collateral review in this regard are unavailing.

Defining weapon as "'as instrument of offensive or defensive combat'" (quoting WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 2589)

Noting New York courts approve "plea to the technically nonexistent crime of an attempt to commit a specific crime which, by definition, is committed without intent"