§Why CasetextPricing

The People, Respondent,v.Ivan Calaff, Appellant.

Brief

52 Cited authorities

  1. Barker v. Wingo

    407 U.S. 514 (1972)   Cited 11,605 times   14 Legal Analyses
    Holding that defendant who fails to demand speedy trial does not forever waive that constitutional right

  2. Halbert v. Michigan

    545 U.S. 605 (2005)   Cited 487 times   6 Legal Analyses
    Holding that the Due Process and Equal Protection Clauses require the appointment of counsel for indigent defendants seeking first-tier review of guilty or nolo contendere pleas in the intermediate state court of appeals, whose function is to review and "correct errors made by the lower courts," even though such review is discretionary under state law

  3. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,859 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. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,832 times
    Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel

  5. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,145 times
    Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims

  6. Estelle v. Dorrough

    420 U.S. 534 (1975)   Cited 277 times
    Determining that the rule discourages escapes and promotes the "efficient, dignified operation" of the court

  7. People v. Syville

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

  8. Goeke v. Branch

    514 U.S. 115 (1995)   Cited 144 times   1 Legal Analyses
    Holding that the Eighth Circuit's ruling that "it is a violation of Fourteenth Amendment due process for a state appellate court to dismiss the appeal of a recaptured fugitive where there is no demonstrated adverse effect on the appellate process" did not apply retroactively under the second Teague exception

  9. People v. Alexander

    97 N.Y.2d 482 (N.Y. 2002)   Cited 267 times
    In Alexander, the defendant, while awaiting sentence, moved to withdraw his guilty plea, claiming he was not competent when he entered it.

  10. People v. Frederick

    45 N.Y.2d 520 (N.Y. 1978)   Cited 531 times
    In People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 (1978), the trial court informed the defendant at the plea allocution that no promises were being made concerning the sentence to be imposed.

  11. Section 606.5 - Duties of counsel with respect to representation of defendants in criminal actions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 606.5   Cited 27 times

    (a) Duties of assigned or retained counsel. (1) It shall be the duty of counsel assigned to or retained for the defense of a defendant in a criminal action or proceeding to represent defendant in the trial court until the action or proceeding has been terminated in that court, and to comply with the provisions of paragraph (b)(1) or (d)(2) of this section, after which the duties of assigned counsel shall be ended. (2) It shall be the duty of counsel assigned to prosecute or defend an appeal on behalf

  12. Section 600.8 - Appeals in criminal cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.8   Cited 12 times
    Stating that an application for a certificate granting leave to appeal must be made within 30 days of service of the order on the applicant

  13. Section 600.12 - Preference; dismissal of appeal or cause; dismissal calendar calls

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.12   Cited 3 times

    (a) Preference. (1) Any party to an appeal entitled by law to a preference in the hearing of the appeal may serve and file a demand for a preference which shall set forth the provision of law relied upon for such preference. If the demand is sustained by the court, the appeal shall be preferred. (2) A preference under CPLR 5521 may be obtained upon good cause shown in an application made to the court on notice to the other parties to the appeal. (b) Dismissal of appeal or cause. In the event the