22 Cited authorities

Massaro v. U.S.
538 U.S. 500 (2003) Cited 5,862 times 2 Legal Analyses
Holding that failure to raise an ineffective assistance of counsel claim on direct appeal does not bar a defendant from bringing the claim in a later, appropriate collateral proceeding
Roe v. Flores-Ortega
528 U.S. 470 (2000) Cited 5,724 times 18 Legal Analyses
Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"
Penson v. Ohio
488 U.S. 75 (1988) Cited 9,842 times 2 Legal Analyses
Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"
People v. Lopez
2006 N.Y. Slip Op. 1195 (N.Y. 2006) Cited 3,890 times 1 Legal Analyses
Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive
People v. Hidalgo
91 N.Y.2d 733 (N.Y. 1998) Cited 1,455 times 2 Legal Analyses
Asserting that waiver of right to appeal encompassed sentencing claim where defendant pleaded guilty without an agreed-upon sentence, was informed of the maximum time she faced, and indicated that she understood the terms of the plea and the waiver
People v. Seaberg
74 N.Y.2d 1 (N.Y. 1989) Cited 1,838 times 1 Legal Analyses
Rejecting Bourne
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
People v. Syville
2010 N.Y. Slip Op. 7249 (N.Y. 2010) Cited 298 times 1 Legal Analyses
Granting coram nobis relief
People v. Love
57 N.Y.2d 998 (N.Y. 1982) Cited 627 times
Holding that where the ineffectiveness claim involves matters outside the record, the court "cannot conclude that defendant's counsel was ineffective simply by reviewing the trial record without the benefit of additional background facts that might have been developed had an appropriate after-judgment motion been made pursuant to CPL 440.10"
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.

The People, Respondent,v.Richard Perales, Appellant.

22 Cited authorities

Holding that failure to raise an ineffective assistance of counsel claim on direct appeal does not bar a defendant from bringing the claim in a later, appropriate collateral proceeding

Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"

Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"

Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive

Asserting that waiver of right to appeal encompassed sentencing claim where defendant pleaded guilty without an agreed-upon sentence, was informed of the maximum time she faced, and indicated that she understood the terms of the plea and the waiver

Rejecting Bourne

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

Granting coram nobis relief

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.