33 Cited authorities

  1. 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.
  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. Kinchen

    60 N.Y.2d 772 (N.Y. 1983)   Cited 261 times   2 Legal Analyses
    In Kinchen, the Court of Appeals had held that a claim could not be properly considered where there was no proof in the record with regard to the defendant's allegations.
  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. McLean

    2010 N.Y. Slip Op. 4872 (N.Y. 2010)   Cited 79 times

    113. Decided on June 10, 2010. Danielle Neroni Reilly, for appellant. Gerald A. Dwyer, for respondent. Judges Graffeo, Read and Pigott concur. Judge Jones dissents and votes to reverse in an opinion in which Chief Judge Lippman and Judge Ciparick concur. Opinion by Judge SMITH. We have held that, where a defendant's statement to law enforcement authorities is obtained in violation of his right to counsel, the use of that statement against defendant at trial is an error that may be raised on appeal

  6. People v. Marcellus Pierce

    2010 N.Y. Slip Op. 4026 (N.Y. 2010)   Cited 64 times
    In Pierce the Court noted that "[t]he waiver [of indictment] procedure is triggered by the defendant being held for Grand Jury action on charges contained in a felony complaint... and it is in reference to those charges that its availability must be measured."
  7. People v. Milton

    2013 N.Y. Slip Op. 3265 (N.Y. 2013)   Cited 31 times
    Interpreting the extent to which CPL § 195.20 allows a superior court information to allege facts not contained in an earlier felony complaint and refusing to vacate defendant's guilty plea
  8. People v. Dominique

    90 N.Y.2d 880 (N.Y. 1997)   Cited 53 times
    Issuing court took oral testimony but failed to record the testimony as required by CPL § 690.40
  9. People v. Barber

    280 A.D.2d 691 (N.Y. App. Div. 2001)   Cited 39 times
    In Barber, the defendant was charged with aggravated unlicensed operation of a motor vehicle in the first degree, a felony.
  10. People v. Johnson

    51 N.Y.2d 986 (N.Y. 1980)   Cited 76 times
    Requiring objections "to the procedure followed in approving the appellant's waiver of jury trial [to be] preserved for review" in accordance with § 470.05