§Why CasetextPricing

The People, Respondent,v.Robert Kordish, Appellant.

Brief

8 Cited authorities

  1. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,196 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"

  2. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 4,480 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel

  3. Ortega-Rodriguez v. United States

    507 U.S. 234 (1993)   Cited 344 times   2 Legal Analyses
    Holding that when a defendant absconds after the appellate process has begun the appellate court may dismiss the appeal

  4. People v. Ventura

    2011 N.Y. Slip Op. 7475 (N.Y. 2011)   Cited 48 times
    In People v. Ventura, 17 N.Y.3d 675, 934 N.Y.S.2d 756, 958 N.E.2d 884 (2011), we held that the Appellate Division abused its discretion in dismissing two pending direct appeals due to the involuntary deportations of the defendants.

  5. People v. Taveras

    2008 N.Y. Slip Op. 2460 (N.Y. 2008)   Cited 35 times   1 Legal Analyses

    Nos. 30, 31. Argued February 7, 2008. Decided March 18, 2008. APPEAL, in the first above-entitled action, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 27, 2007. The Appellate Division granted the People's motion to dismiss defendant's appeal from a judgment of the Supreme Court, New York County (Stephen G. Crane, J.), which had convicted defendant in absentia, upon a jury verdict

  6. Taveras v. Smith

    463 F.3d 141 (2d Cir. 2006)   Cited 25 times   1 Legal Analyses
    Noting that the issue before the court was limited to "when fugitive is returned while his appeal is still pending"

  7. People v. Carmine A.

    53 N.Y.2d 816 (N.Y. 1981)   Cited 29 times

    Argued March 26, 1981 Decided April 28, 1981 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, W. EUGENE SHARPE, J. Stephen R. Mahler and Andrew M. Engel for appellant. John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, the plea vacated, the statement suppressed and the matter should be remitted to the Supreme Court, Queens County, for further proceedings.

  8. Section 670.8 - Placing civil or criminal causes on calendar; time limits for filing

    N.Y. Comp. Codes R. & Regs. tit. 22 § 670.8   Cited 12,502 times

    (a) Placing cause on general calendar. An appeal may be placed on the general calendar by filing with the clerk the record on appeal pursuant to one of the methods set forth in section 670.9 of this Part by filing nine copies of a brief, with proof of service of two copies upon each of the other parties. Unless the court shall otherwise direct, when an appeal is prosecuted upon the original record, only one copy of the brief need by served. An extra copy of the statement required by CPLR 5531 shall