13 Cited authorities

  1. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 9,144 times   6 Legal Analyses
    Holding that a defendant may voluntarily, knowingly, and understandingly plead guilty and consent to be sentenced even if he is unwilling to admit to his participation in the crime when he is represented by competent counsel, he intelligently concludes that his interests require a guilty plea, and the record strongly evidences his guilt
  2. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,183 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.
  3. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 472 times   7 Legal Analyses
    Holding that " direct consequence 'is one which has a definite, immediate and largely automatic effect on defendant's punishment'"
  4. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 287 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
  5. People v. Murray

    2010 N.Y. Slip Op. 5600 (N.Y. 2010)   Cited 118 times
    In Murray, the Judge informed the defendant that he would “probably” receive youthful offender status and a nine-month sentence if he complied with certain plea conditions set by the court.
  6. People v. McAlpin

    2011 N.Y. Slip Op. 8456 (N.Y. 2011)   Cited 45 times
    In McAlpin, the Court of Appeals determined that preservation was not required because the lower court did not inform the defendant that he would be subject to postrelease supervision until "moments before imposing the sentence" (id. at 938, 936 N.Y.S.2d 666, 960 N.E.2d 435).
  7. People v. Cornell

    946 N.E.2d 740 (N.Y. 2011)   Cited 45 times

    No. 119 SSM 61. Decided March 24, 2011. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered July 9, 2010. The Appellate Division (1) reversed, on the law, a judgment of the Chautauqua County Court (John T. Ward, J), which had convicted defendant, upon his plea of guilty, of arson in the second degree, (2) vacated the plea, and (3) remitted the matter to County Court for further proceedings on the

  8. People v. Borges

    959 N.Y.S.2d 533 (N.Y. App. Div. 2013)   Cited 11 times

    2013-02-13 The PEOPLE, etc., respondent, v. Shakim BORGES, appellant. Matthew Muraskin, Port Jefferson, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent. WILLIAM F. MASTRO Matthew Muraskin, Port Jefferson, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent. WILLIAM F. MASTRO, J.P., PETER B. SKELOS, JOHN M. LEVENTHAL, and CHERYL E. CHAMBERS, JJ. Appeal by the defendant

  9. People v. Crowder

    973 N.Y.S.2d 871 (N.Y. App. Div. 2013)   Cited 6 times

    2013-10-31 The PEOPLE of the State of New York, Respondent, v. Adam CROWDER, Appellant. Kindlon, Shanks & Associates, Albany (Lee C. Kindlon of counsel), for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent. McCARTHY Kindlon, Shanks & Associates, Albany (Lee C. Kindlon of counsel), for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent. Before: PETERS, P.J., STEIN, McCARTHY and SPAIN, JJ

  10. People v. Rucker

    888 N.Y.S.2d 313 (N.Y. App. Div. 2009)   Cited 8 times

    No. 101658. November 12, 2009. Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered January 29, 2008, convicting defendant upon his plea of guilty of the crimes of burglary in the first degree (two counts), robbery in the second degree (four counts), assault in the third degree (two counts) and grand larceny in the fourth degree (two counts). Brian M. Callahan, Duanesburg, for appellant. Robert M. Carney, District Attorney, Schenectady (Stephanie E. Hughes, Law