§Why CasetextPricing

The People, Respondent,v.Stephen Pellegrino, Appellant.

Brief

15 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,227 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

  2. U.S. v. Dominguez Benitez

    542 U.S. 74 (2004)   Cited 1,974 times   6 Legal Analyses
    Holding that Rule 11 plain error warrants reversal only if there is "a reasonable probability that, but for the error, [the defendant] would not have entered the plea"

  3. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,311 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense

  4. Bordenkircher v. Hayes

    434 U.S. 357 (1978)   Cited 2,898 times   13 Legal Analyses
    Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination

  5. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,854 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"

  6. People v. Harris

    61 N.Y.2d 9 (N.Y. 1983)   Cited 1,659 times
    In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.

  7. People v. Tyrell

    2013 N.Y. Slip Op. 8288 (N.Y. 2013)   Cited 497 times
    Vacating defendant's plea and finding that there was "indication that defendant spoke with his attorney regarding the constitutional consequences of taking a plea"

  8. People v. Fiumefreddo

    82 N.Y.2d 536 (N.Y. 1993)   Cited 710 times   1 Legal Analyses
    In People v Fiumefreddo (82 NY2d 536), defendant moved to withdraw her guilty plea, arguing that it had been coerced because it was connected to the prosecutor's acceptance of a plea bargain favorable to her codefendant father, who was elderly and ill. Although stating that connected pleas presented a matter "requir[ing] special care," we rejected the defendant's argument that her plea had been involuntary, noting that the plea had been subject to several months of negotiations; that the court engaged in a "lengthy and detailed colloquy"; and that she never denied her guilt (id. at 545-546).

  9. 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

  10. People v. Goldstein

    2009 N.Y. Slip Op. 3410 (N.Y. 2009)   Cited 180 times

    No. 67. Argued April 1, 2009. decided April 30, 2009. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered May 22, 2008. The Appellate Division affirmed a judgment of the Sullivan County Court (Burton Ledina, J.), which had convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree