§Why CasetextPricing

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

Brief

15 Cited authorities

  1. 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

  2. Henderson v. Morgan

    426 U.S. 637 (1976)   Cited 1,506 times   4 Legal Analyses
    Holding the defendant’s low mental capacity "foreclose[d] the conclusion that the error was harmless" because it lent support to the defendant’s theory that he did not intend to kill his victim

  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,852 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[.]"

  4. 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.

  5. 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.

  6. People v. Flynn

    79 N.Y.2d 879 (N.Y. 1992)   Cited 98 times
    In People v. Flynn (79 N.Y.2d 879, supra), the defendant argued that a motor vehicle accident report filed by the complainant with the Department of Motor Vehicles (DMV) was Rosario material based on that agency's law enforcement functions (DMV investigators are designated peace officers [CPL 2.10 (32)], and the DMV is involved in the adjudication of offenses resulting in fines and license revocations).

  7. Hanson v. Phillips

    442 F.3d 789 (2d Cir. 2006)   Cited 56 times   2 Legal Analyses
    Sentencing court's "confusing mixture of questions and statements" created too messy a record to determine whether the petitioner was pleading voluntarily

  8. People v. Moore

    71 N.Y.2d 1002 (N.Y. 1988)   Cited 81 times
    Holding that factual basis for a plea was unnecessary where defendant pleaded guilty to a lesser crime than the one charged in the indictment

  9. People v. Burwell

    53 N.Y.2d 849 (N.Y. 1981)   Cited 75 times

    Argued March 24, 1981 Decided May 5, 1981 Appeal from the Supreme Court in the First Judicial Department, BERNARD MOLDOW, J. Howard B. Comet and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney (David H. Steiner and Vivian Berger of counsel), for respondent. MEMORANDUM. The order of the Appellate Term should be reversed and the accusatory instrument dismissed. Following a trial by jury, appellant and her husband were both convicted of two counts of criminal possession

  10. People v. Colon

    42 A.D.3d 411 (N.Y. App. Div. 2007)   Cited 11 times

    No. 39. July 26, 2007. Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered September 19, 2002, convicting defendant, upon his plea of guilty, of two counts of rape in the second degree and two counts of sodomy in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2½ to 5 years, unanimously reversed, on the law and in the interest of justice, the plea vacated, the motion to suppress testimony as to the out-of-court identification made by