26 Cited authorities

  1. Santobello v. New York

    404 U.S. 257 (1971)   Cited 4,476 times   7 Legal Analyses
    Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"
  2. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,791 times   1 Legal Analyses
    Noting that New York courts deem constitutional speedy trial claims unwaivable
  3. Spence v. Superintendent

    219 F.3d 162 (2d Cir. 2000)   Cited 806 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. Farrar

    52 N.Y.2d 302 (N.Y. 1981)   Cited 1,064 times   1 Legal Analyses
    Expressing that "while the court legitimately may indicate that a proposed sentence is fair and acceptable, the necessary exercise of discretion cannot be fixed immutably at the time of the plea, for the decision requires information that may be unavailable then"
  5. People v. Outley

    80 N.Y.2d 702 (N.Y. 1993)   Cited 362 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. Frederick

    45 N.Y.2d 520 (N.Y. 1978)   Cited 521 times
    In People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 (1978), the trial court informed the defendant at the plea allocution that no promises were being made concerning the sentence to be imposed.
  7. People v. Selikoff

    35 N.Y.2d 227 (N.Y. 1974)   Cited 509 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
  8. People v. Dodt

    61 N.Y.2d 408 (N.Y. 1984)   Cited 341 times
    In People v. Dodt (61 N.Y.2d 408,supra), this Court held that, when presented with a warrantless arrest based upon a teletype description of the suspect, a "reviewing court must be supplied with the description upon which the police acted and sufficient evidence to make its own independent determination of whether the person arrested * * * reasonably fit that description" and thus constituted probable cause (id., at 415).
  9. Torres v. Berbary

    340 F.3d 63 (2d Cir. 2003)   Cited 179 times
    Holding without explanation that because defendant's testimony at his sentencing was unsworn, this was a factor in granting the writ
  10. People v. Goodfriend

    64 N.Y.2d 695 (N.Y. 1984)   Cited 201 times   1 Legal Analyses
    In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.