46 Cited authorities

Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,222 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
North Carolina v. Alford
400 U.S. 25 (1970) Cited 10,647 times 6 Legal Analyses
Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime
McCarthy v. United States
394 U.S. 459 (1969) Cited 3,367 times 3 Legal Analyses
Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"
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.
People v. Harris
61 N.Y.2d 9 (N.Y. 1983) Cited 1,659 times
In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.
People v. Catu
4 N.Y.3d 242 (N.Y. 2005) Cited 506 times 7 Legal Analyses
Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence
People v. Sparber
2008 N.Y. Slip Op. 3946 (N.Y. 2008) Cited 355 times 5 Legal Analyses
Holding that, by imposing PRS terms, DOCS usurped the judicial function as defined by New York law; only the sentencing court has the authority to impose the PRS component of the sentence and must do so at the time of sentencing
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
Gill v. Rock
558 U.S. 837 (2009) Cited 85 times
No. 08–10365. 2009-10-5 Anthony GILL, petitioner, v. David ROCK, Superintendent, Great Meadow Correctional Facility. Case below, People ex rel. Gill v. Greene, 12 N.Y.3d 1, 875 N.Y.S.2d 826, 903 N.E.2d 1146. Petition for writ of certiorari to the Court of Appeals of New York denied.
People v. Samms
95 N.Y.2d 52 (N.Y. 2000) Cited 222 times
Discussing this exception to the preservation rule

The People, Respondent,v.Daniel Boyer, Appellant.

46 Cited authorities

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"

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.

In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.

Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence

Holding that, by imposing PRS terms, DOCS usurped the judicial function as defined by New York law; only the sentencing court has the authority to impose the PRS component of the sentence and must do so at the time of sentencing

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

Discussing this exception to the preservation rule