11 Cited authorities

  1. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,134 times
    In Callahan, we held that the exception for challenges to the legality of the sentence addresses "the power of the court to impose the * * * sentence it chose" (80 N.Y.2d at 281).
  2. People v. Sides

    75 N.Y.2d 822 (N.Y. 1990)   Cited 395 times
    Requiring a new trial where indigent defendant requested a change of counsel and where record indicated a possible irreconcilable conflict between the defendant and his assigned attorney
  3. People v. Linares

    2 N.Y.3d 507 (N.Y. 2004)   Cited 251 times
    Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him
  4. People v. Porto

    16 N.Y.3d 93 (N.Y. 2010)   Cited 198 times

    Nos. 219, 220. Argued November 16, 2010. Decided December 21, 2010. 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 October 6, 2009. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Robert M. Stolz, J.), which had convicted defendant, after a jury trial, of burglary in the second degree. APPEAL, in the second

  5. People v. Mitchell

    2013 N.Y. Slip Op. 4274 (N.Y. 2013)   Cited 103 times

    2013-06-11 The PEOPLE of the State of New York, Respondent, v. Robert MITCHELL, Appellant. The People of the State of New York, Respondent, v. Josue Deliser, Appellant. Richard M. Greenberg, Office of the Appellate Defender, New York City (Rebekah J. Pazmiño of counsel), for appellant in the first above-entitled action. Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay, Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent in the first above-entitled action. Richard

  6. People v. Medina

    44 N.Y.2d 199 (N.Y. 1978)   Cited 253 times
    In Medina, however, we articulated two clear-cut instances in which a trial court's failure to find good cause for substitution would amount to an abuse of discretion: first, when an attorney is assigned to represent two defendants between whom there is a conflict of interest and second, when the defense counsel has "not adequately investigated his client's history of mental disorder" (id. at 208).
  7. People v. Johnson

    2010 N.Y. Slip Op. 3757 (N.Y. 2010)   Cited 72 times   1 Legal Analyses
    In Johnson, the court promised the defendant that he would be adjudicated a youthful offender in exchange for his guilty plea (and waiver of his right to appeal), but, after reviewing the presentence report, reconsidered that promise at sentencing, claiming that youthful offender status would have been "inappropriate" given the nature of the offense.
  8. People v. Morris

    94 A.D.3d 1450 (N.Y. App. Div. 2012)   Cited 29 times

    2012-04-20 The PEOPLE of the State of New York, Respondent, v. Allen MORRIS, Defendant–Appellant. Matthew E. Brooks, Lockport, for Defendant–Appellant. Cindy F. Intschert, District Attorney, Watertown, for Respondent. Matthew E. Brooks, Lockport, for Defendant–Appellant. Cindy F. Intschert, District Attorney, Watertown, for Respondent. PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, AND MARTOCHE, JJ. MEMORANDUM: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession

  9. People v. Campbell

    97 N.Y.2d 532 (N.Y. 2002)   Cited 28 times

    43 Decided April 30, 2002. APPEAL, by permission of an Associate Judge of the Court of Appeals, from and order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered March 12, 2001, which modified, on the law, and, as modified, affirmed two judgments of the Supreme Court (Joseph G. Golia, J.), rendered in Queens County, convicting defendant, upon his pleas of guilty, of two counts of attempted criminal sale of a controlled substance in the third degree, and sentencing

  10. People v. Rozzell

    229 N.E.2d 452 (N.Y. 1967)   Cited 56 times
    Holding that "it would seem to have been needful to assign other counsel" where defense attorney was asked to comment on the merits of defendant's pro se motion to withdraw guilty plea