32 Cited authorities

  1. Faretta v. California

    422 U.S. 806 (1975)   Cited 12,534 times   23 Legal Analyses
    Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial
  2. 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
  3. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,388 times
    Requiring colloquy before accepting waivers of right to appeal
  4. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,838 times   1 Legal Analyses
    Rejecting Bourne
  5. 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.
  6. 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
  7. 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"
  8. People v. Iannone

    45 N.Y.2d 589 (N.Y. 1978)   Cited 830 times   1 Legal Analyses
    Holding that "the defendants in these two appeals have failed to preserve a question of law which this court may review and have waived their objections to the sufficiency of the factual allegations in the indictments by which they were brought before the courts"
  9. People v. Sougou

    2015 N.Y. Slip Op. 8617 (N.Y. 2015)   Cited 242 times
    In Sougou (26 NY3d at 1055), the judge directly addressed the defendant on the record and "asked specifically whether defendant had discussed the plea and the sentence, as described in open court, with his lawyer; whether defendant was pleading voluntarily and of his own free will; and whether defendant understood that he was giving up his right to a trial and to hearings on the search and seizure evidence.
  10. 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
  11. 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