§Why CasetextPricing

The People, Respondent,v.Rafael L. Belliard, Appellant.

Brief

52 Cited authorities

  1. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,317 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense

  2. Santobello v. New York

    404 U.S. 257 (1971)   Cited 4,865 times   7 Legal Analyses
    Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"

  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,857 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"

  4. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,839 times   1 Legal Analyses
    Rejecting Bourne

  5. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,246 times   3 Legal Analyses
    In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.

  6. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 507 times   7 Legal Analyses
    Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence

  7. People v. Fiumefreddo

    82 N.Y.2d 536 (N.Y. 1993)   Cited 711 times   1 Legal Analyses
    In People v Fiumefreddo (82 NY2d 536), defendant moved to withdraw her guilty plea, arguing that it had been coerced because it was connected to the prosecutor's acceptance of a plea bargain favorable to her codefendant father, who was elderly and ill. Although stating that connected pleas presented a matter "requir[ing] special care," we rejected the defendant's argument that her plea had been involuntary, noting that the plea had been subject to several months of negotiations; that the court engaged in a "lengthy and detailed colloquy"; and that she never denied her guilt (id. at 545-546).

  8. People v. Pellegrino

    60 N.Y.2d 636 (N.Y. 1983)   Cited 979 times
    Barring review of a guilty plea claim on preservation grounds

  9. People v. Seeber

    4 N.Y.3d 780 (N.Y. 2005)   Cited 346 times

    Argued January 13, 2005. Decided February 17, 2005. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered February 19, 2004. The Appellate Division affirmed a judgment of the Saratoga County Court (Jerry J. Scarano, J.), which had convicted defendant, upon her plea of guilty, of murder in the second degree and burglary in the third degree. People v. Seeber, 4 AD3d 620, affirmed. Eugene

  10. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 319 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