15 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 11,598 times   12 Legal Analyses
    Holding defendant must have "a full understanding of what the plea connotes and its consequences "
  2. Henderson v. Morgan

    426 U.S. 637 (1976)   Cited 1,341 times   4 Legal Analyses
    Holding that "[w]ithout adequate notice of the nature of the charge against him, or proof that he in fact understood the charge, the plea cannot be voluntary in this latter sense"
  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,499 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 1,611 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 509 times
    In People v Nixon (21 NY2d 338, 355 [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 111 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 46 times   2 Legal Analyses
    Stating that "[f]ugitive disentitlement is an `equitable doctrine' that may be applied at court discretion," and finding that "the justifications for disentitlement militate against dismissing this appeal"
  8. People v. Moore

    525 N.E.2d 740 (N.Y. 1988)   Cited 76 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 68 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. Aleman

    842 N.Y.S.2d 14 (N.Y. App. Div. 2007)   Cited 11 times

    No. 1341. September 25, 2007. Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 13, 2005, convicting defendant, upon his guilty plea, of conspiracy in the second degree and sentencing him to a term of 12/3 to 5 years, unanimously reversed, on the law and the facts, the guilty plea and conviction vacated and the matter remanded for further proceedings. Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry S. Jamieson of counsel), for appellant. Robert