§Why CasetextPricing

The People, Respondent,v.Howard Grubstein, Appellant.

Brief

47 Cited authorities

  1. Holland v. Florida

    560 U.S. 631 (2010)   Cited 14,083 times   11 Legal Analyses
    Holding that § 2254 does not preclude equitable tolling of a statute of limitations based on attorney misconduct in habeas proceedings

  2. Pace v. Diguglielmo

    544 U.S. 408 (2005)   Cited 12,825 times   8 Legal Analyses
    Holding that a five-month delay demonstrated a lack of diligence

  3. Faretta v. California

    422 U.S. 806 (1975)   Cited 12,558 times   23 Legal Analyses
    Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial

  4. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,393 times   22 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions

  5. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,246 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.

  6. Solem v. Stumes

    465 U.S. 638 (1984)   Cited 425 times   2 Legal Analyses
    Holding that Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 should not be applied retroactively

  7. People v. Rudolph

    2013 N.Y. Slip Op. 4840 (N.Y. 2013)   Cited 422 times   2 Legal Analyses
    In Rudolph, the New York Court of Appeals held that per CPL § 720.20(1), where a defendant is eligible to be treated as a youthful offender, per state law, the sentencing court “must” determine whether he or she is to be so treated and that compliance with this statutory compliance cannot be dispensed, even where the defendant has failed to ask to be treated as a youthful offender, or has purported to waive his or her right to make such a request.

  8. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 299 times   1 Legal Analyses
    Granting coram nobis relief

  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. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 225 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review