30 Cited authorities

Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,220 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
Wood v. Georgia
450 U.S. 261 (1981) Cited 1,221 times 10 Legal Analyses
Holding the trial court violated its duty to inquire into the conflict created by the fact that the defendant's lawyer was hired and paid by a third party
People v. Linares
2 N.Y.3d 507 (N.Y. 2004) Cited 296 times
Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him
Hurrell-Harring v. State
2010 N.Y. Slip Op. 3798 (N.Y. 2010) Cited 213 times 1 Legal Analyses
Holding that allegations that "counsel was simply not provided at critical stages of the proceedings . . . state[d] a claim, not for ineffective assistance under Strickland, but for basic denial of the right to counsel under Gideon"
People v. Frederick
45 N.Y.2d 520 (N.Y. 1978) Cited 531 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.
People v. Tinsley
35 N.Y.2d 926 (N.Y. 1974) Cited 463 times
In People v Tinsley (35 N.Y.2d 926, 927), it was held that the nature and extent of the fact-finding procedures prerequisite to the disposition of an application to withdraw a plea of guilty previously entered rest largely in the discretion of the Judge to whom the application is made.
People v. Nixon
21 N.Y.2d 338 (N.Y. 1967) Cited 531 times
In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.
People v. Medina
44 N.Y.2d 199 (N.Y. 1978) Cited 290 times
In Medina, however, we articulated two clear-cut instances in which a trial court's failure to find good cause for substitution would amount to an abuse of discretion: first, when an attorney is assigned to represent two defendants between whom there is a conflict of interest and second, when the defense counsel has "not adequately investigated his client's history of mental disorder" (id. at 208).
People v. Ortiz
76 N.Y.2d 652 (N.Y. 1990) Cited 131 times
During trial, former client of defense counsel confessed that he, not defendant, committed offenses which defendant was charged
Pezhman v. City of New York
29 A.D.3d 164 (N.Y. App. Div. 2006) Cited 70 times
7766. March 21, 2006. APPEAL from an order and judgment (one paper) of the Supreme Court, Bronx County (Lucy Billings, J.), entered September 1, 2005. The order and judgment, insofar as appealed from, granted defendants' motion to dismiss plaintiff's defamation claims. Anna Pezhman, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York City ( Marta Ross, Edward F.X. Hart and Michael Blauschild of counsel), for respondents. Before: ANDRIAS, J.P., FRIEDMAN, CATTERSON and MALONE, JJ.,
Section 125.25 - [Effective Until 9/1/2024] Murder in the second degree
N.Y. Penal Law § 125.25 Cited 4,316 times 12 Legal Analyses
Requiring "intent to cause the death of another person"
Section 220.60 - Plea; change of plea
N.Y. Crim. Proc. Law § 220.60 Cited 1,117 times
1. A defendant who has entered a plea of not guilty to an indictment may as a matter of right withdraw such plea at any time before rendition of a verdict and enter a plea of guilty to the entire indictment pursuant to subdivision two, but subject to the limitation in subdivision five of section 220.10. 2. A defendant who has entered a plea of not guilty to an indictment may, with both the permission of the court and the consent of the people, withdraw such plea at any time before the rendition of

The People, Respondent,v.Robert Mitchell, Appellant.

30 Cited authorities

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding the trial court violated its duty to inquire into the conflict created by the fact that the defendant's lawyer was hired and paid by a third party

Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him

Holding that allegations that "counsel was simply not provided at critical stages of the proceedings . . . state[d] a claim, not for ineffective assistance under Strickland, but for basic denial of the right to counsel under Gideon"

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.

In People v Tinsley (35 N.Y.2d 926, 927), it was held that the nature and extent of the fact-finding procedures prerequisite to the disposition of an application to withdraw a plea of guilty previously entered rest largely in the discretion of the Judge to whom the application is made.

In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.

During trial, former client of defense counsel confessed that he, not defendant, committed offenses which defendant was charged

Requiring "intent to cause the death of another person"