§Why CasetextPricing

The People, Respondent,v.Wilson Feliciano, Appellant.

Brief

23 Cited authorities

  1. Morrissey v. Brewer

    408 U.S. 471 (1972)   Cited 10,676 times   5 Legal Analyses
    Holding that parolees "must have an opportunity to be heard and to show . . . that circumstances in mitigation suggest that the violation does not warrant revocation"

  2. Santobello v. New York

    404 U.S. 257 (1971)   Cited 4,864 times   7 Legal Analyses
    Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"

  3. Spence v. Superintendent

    219 F.3d 162 (2d Cir. 2000)   Cited 914 times   2 Legal Analyses
    Holding that the actual innocence exception applies in non-capital sentencing context when the error is related to the finding of a predicate act forming the basis for enhancement

  4. 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

  5. People v. Outley

    80 N.Y.2d 702 (N.Y. 1993)   Cited 431 times
    In Outley, the New York Court of Appeals held "proof that [a] defendant actually committed the postplea offense which led to the arrest was not necessary" before a sentencing court could impose an enhanced sentenced based upon a defendant's breach of a "no arrest" plea condition.

  6. People v. Selikoff

    35 N.Y.2d 227 (N.Y. 1974)   Cited 526 times   3 Legal Analyses
    Finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that defendant's refusal to withdraw his plea did not entitle him to specific performance of original plea agreement

  7. Torres v. Berbary

    340 F.3d 63 (2d Cir. 2003)   Cited 187 times
    Holding without explanation that because defendant's testimony at his sentencing was unsworn, this was a factor in granting the writ

  8. People v. Avery

    85 N.Y.2d 503 (N.Y. 1995)   Cited 83 times
    Noting a plea agreement conditioned on defendant's successful completion of a drug rehabilitation program "furthers important public policy goals."

  9. People v. Parker

    271 A.D.2d 63 (N.Y. App. Div. 2000)   Cited 47 times
    Noting that the plea-bargaining process "plays a vital role in the criminal justice system"

  10. Innes v. Dalsheim

    864 F.2d 974 (2d Cir. 1988)   Cited 66 times   1 Legal Analyses
    Holding that where the plea agreement was ambiguous regarding the consequences of a breach, the State bore the burden for any lack of clarity in the agreement, and it could not be safely said that the defendant voluntarily, knowingly and intelligently waived his right to a jury trial and to be tried on the original charges