17 Cited authorities

  1. Brady v. United States

    397 U.S. 742 (1970)   Cited 6,260 times   17 Legal Analyses
    Holding that "a voluntary plea of guilty intelligently made in the light of the then applicable law does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise"
  2. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 288 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
  3. People v. Greene

    2009 N.Y. Slip Op. 1067 (N.Y. 2009)   Cited 158 times
    Distinguishing Earley because the sentencing court never imposed PRS, a substantive portion of the defendant's sentence, whereas, in Gill, the sentencing court merely failed to characterize the sentence as concurrent or consecutive
  4. People v. Hill

    2007 N.Y. Slip Op. 8782 (N.Y. 2007)   Cited 159 times   2 Legal Analyses
    In Hill, the new sentence consisted of a period of imprisonment less than the determinate sentence originally imposed, followed by a period of PRS that together equaled the incarceratory period of the original sentence (see Hill, 9 N.Y.3d at 192, 849 N.Y.S.2d 13, 879 N.E.2d 152).
  5. People v. Murray

    2010 N.Y. Slip Op. 5600 (N.Y. 2010)   Cited 119 times
    In Murray, the Judge informed the defendant that he would “probably” receive youthful offender status and a nine-month sentence if he complied with certain plea conditions set by the court.
  6. People v. Gravino

    2010 N.Y. Slip Op. 4025 (N.Y. 2010)   Cited 98 times
    Holding that the “fact and length of post-release supervision” are “direct consequences of a plea” to any offense, whereas “SORA registration and the terms and conditions of probation” are not
  7. People v. Harnett

    2011 N.Y. Slip Op. 744 (N.Y. 2011)   Cited 79 times
    In Harnett, the Court of Appeals determined that on the record before it, it could not determine "whether [the defendant's] lawyer told him about SOMTA or whether, considering the facts of defendant's situation, SOMTA would have been a significant factor in the evaluation of a plea bargain" (id. at 207-208).
  8. People v. Fuggazzatto

    62 N.Y.2d 862 (N.Y. 1984)   Cited 124 times   1 Legal Analyses
    In People v. Fuggazzatto (62 N.Y.2d 862), two indictments were filed simultaneously and were therefore subject to identical time periods for the People to announce their readiness for trial under CPL 30.30.
  9. Wilson v. McGinnis

    413 F.3d 196 (2d Cir. 2005)   Cited 63 times
    Holding that the failure of the state court to advise a defendant that his sentences could run consecutively did not unreasonably apply the Supreme Court's general principle that a plea must be knowing, intelligent, and voluntary to be valid
  10. People v. McAlpin

    2011 N.Y. Slip Op. 8456 (N.Y. 2011)   Cited 45 times
    In McAlpin, the Court of Appeals determined that preservation was not required because the lower court did not inform the defendant that he would be subject to postrelease supervision until "moments before imposing the sentence" (id. at 938, 936 N.Y.S.2d 666, 960 N.E.2d 435).