17 Cited authorities

Estelle v. Gamble
429 U.S. 97 (1976) Cited 54,728 times 6 Legal Analyses
Holding that the government has an obligation to provide medical care to incarcerated persons
Rovello v. Orofino Realty Co.
40 N.Y.2d 633 (N.Y. 1976) Cited 2,266 times 1 Legal Analyses
Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"
People v. Porto
16 N.Y.3d 93 (N.Y. 2010) Cited 310 times
Nos. 219, 220. Argued November 16, 2010. Decided December 21, 2010. APPEAL, in the first above-entitled action, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 6, 2009. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Robert M. Stolz, J.), which had convicted defendant, after a jury trial, of burglary in the second degree. APPEAL, in the second
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
People v. Sides
75 N.Y.2d 822 (N.Y. 1990) Cited 460 times
Requiring a new trial where indigent defendant requested a change of counsel and where record indicated a possible irreconcilable conflict between the defendant and his assigned attorney
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. Kinchen
60 N.Y.2d 772 (N.Y. 1983) Cited 260 times 2 Legal Analyses
In Kinchen, the Court of Appeals had held that a claim could not be properly considered where there was no proof in the record with regard to the defendant's allegations.
People v. Konstantinides
2009 N.Y. Slip Op. 9311 (N.Y. 2009) Cited 70 times
In Konstantinides, a witness specifically claimed that a defense lawyer asked her to lie (14 N.Y.3d at 6, 896 N.Y.S.2d 284, 923 N.E.2d 567); in Fulton, a witness had told prosecutors “that he had once imported heroin for Pulton's trial counsel” (5 F.3d at 606).
Section 470.35 - Determination by court of appeals of appeals from orders of intermediate appellate courts; scope of review
N.Y. Crim. Proc. Law § 470.35 Cited 88 times
1. Upon an appeal to the court of appeals from an order of an intermediate appellate court affirming a judgment, sentence or order of a criminal court, the court of appeals may consider and determine not only questions of law which were raised or considered upon the appeal to the intermediate appellate court, but also any question of law involving alleged error or defect in the criminal court proceedings resulting in the original criminal court judgment, sentence or order, regardless of whether such

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

17 Cited authorities

Holding that the government has an obligation to provide medical care to incarcerated persons

Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

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

Requiring a new trial where indigent defendant requested a change of counsel and where record indicated a possible irreconcilable conflict between the defendant and his assigned attorney

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 Kinchen, the Court of Appeals had held that a claim could not be properly considered where there was no proof in the record with regard to the defendant's allegations.

In Konstantinides, a witness specifically claimed that a defense lawyer asked her to lie (14 N.Y.3d at 6, 896 N.Y.S.2d 284, 923 N.E.2d 567); in Fulton, a witness had told prosecutors “that he had once imported heroin for Pulton's trial counsel” (5 F.3d at 606).