43 Cited authorities

  1. People v. Farrar

    52 N.Y.2d 302 (N.Y. 1981)   Cited 1,061 times   1 Legal Analyses
    Expressing that "while the court legitimately may indicate that a proposed sentence is fair and acceptable, the necessary exercise of discretion cannot be fixed immutably at the time of the plea, for the decision requires information that may be unavailable then"
  2. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 320 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25
  3. People v. Vasquez

    88 N.Y.2d 561 (N.Y. 1996)   Cited 258 times
    Holding that wad of paper towels used to gag victim during the assault was dangerous instrument
  4. People v. Cronin

    60 N.Y.2d 430 (N.Y. 1983)   Cited 351 times   1 Legal Analyses
    Reversing trial court's preclusion of expert testimony on the impact of alcohol, marijuana and Valium on defendant's ability to act purposefully
  5. Matter of Brusco v. Braun

    84 N.Y.2d 674 (N.Y. 1994)   Cited 247 times
    In Brusco, for example, the Article 78 proceeding sought to compel the issuance of a judgment to which the Petitioner was entitled by law.
  6. People v. Ramirez

    89 N.Y.2d 444 (N.Y. 1996)   Cited 168 times
    Upholding consecutive robbery sentences where the defendant forcibly took the belongings of two security guards in a hotel parking lot
  7. People v. Fuller

    57 N.Y.2d 152 (N.Y. 1982)   Cited 235 times
    In People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253 (1982), the New York Court of Appeals applied a narrow exception to the preservation doctrine in a case where the trial court exceeded its statutory authority, thereby levying an unlawful sentence.
  8. People v. Richardson

    100 N.Y.2d 847 (N.Y. 2003)   Cited 90 times
    In Richardson, the issue was whether CPL 430.10 prohibited the trial court from modifying the sentences previously imposed on two intentional murder convictions so that they would run consecutively to an undischarged term of imprisonment that had been imposed years earlier on an unrelated murder conviction.
  9. People v. Naranjo

    89 N.Y.2d 1047 (N.Y. 1997)   Cited 90 times
    In People v Naranjo (89 NY2d 1047, 1049), the Court said "[g]enerally, as a matter of due process, an offender may not be sentenced on the basis of `materially untrue' assumptions or `misinformation' [citations omitted]" but "[r]ather * * * `the sentencing court must assure itself that the information * * * is reliable and accurate' [citation omitted].
  10. People v. Battles

    16 N.Y.3d 54 (N.Y. 2010)   Cited 59 times   1 Legal Analyses
    In Battles, the New York Court of Appeals, like the Second Circuit in Portalatin, upheld the constitutionality of the PFO statute. 16 N.Y.3d at 59.