8 Cited authorities

  1. People v. Lopez

    2006 N.Y. Slip Op. 1195 (N.Y. 2006)   Cited 3,886 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
  2. 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
  3. People v. Pelchat

    62 N.Y.2d 97 (N.Y. 1984)   Cited 423 times   2 Legal Analyses
    Finding that a petitioner who pleads guilty can later challenge the grand jury proceedings if the prosecutor was aware that the only evidence before the grand jury was false
  4. People v. Boston

    75 N.Y.2d 585 (N.Y. 1990)   Cited 148 times   1 Legal Analyses
    In Boston, defendant purported to waive indictment to attempted depraved indifference murder after he had been indicted for intentional murder and related offenses and without any felony complaint having been filed with respect to the new charge.
  5. People v. Page

    88 N.Y.2d 1 (N.Y. 1996)   Cited 53 times
    In Page, the issue was whether the defendant could consent orally to the substitution of a juror pursuant to CPL 270.35 (1), which provides that "the defendant must consent to such replacement [and s]uch consent must be in writing and must be signed by the defendant in person in open court in the presence of the court."
  6. People v. Waid

    26 A.D.3d 734 (N.Y. App. Div. 2006)   Cited 12 times

    KA 04-03067. February 3, 2006. Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered November 30, 2004. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree. SHIRLEY A. GORMAN, ALBION, FOR DEFENDANT-APPELLANT. MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Present: Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ. It is hereby ordered that the judgment

  7. People v. Banville

    134 A.D.2d 116 (N.Y. App. Div. 1988)   Cited 21 times
    In Banville and Cook, permitting the plea under the information would have allowed the defendant and the People to evade a legislative mandate of a more severe sentence; here, invalidating the plea and refusing to accept the waiver would have the opposite effect.
  8. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation