46 Cited authorities

  1. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 11,836 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
  2. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 9,385 times   6 Legal Analyses
    Holding that a defendant may voluntarily, knowingly, and understandingly plead guilty and consent to be sentenced even if he is unwilling to admit to his participation in the crime when he is represented by competent counsel, he intelligently concludes that his interests require a guilty plea, and the record strongly evidences his guilt
  3. McCarthy v. United States

    394 U.S. 459 (1969)   Cited 2,968 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"
  4. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,186 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.
  5. People v. Harris

    61 N.Y.2d 9 (N.Y. 1983)   Cited 1,590 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.
  6. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 476 times   7 Legal Analyses
    Holding that " direct consequence 'is one which has a definite, immediate and largely automatic effect on defendant's punishment'"
  7. People v. Sparber

    2008 N.Y. Slip Op. 3946 (N.Y. 2008)   Cited 331 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
  8. People v. Louree

    8 N.Y.3d 541 (N.Y. 2007)   Cited 289 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
  9. Gill v. Rock

    558 U.S. 837 (2009)   Cited 82 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.

  10. People v. Greene

    2009 N.Y. Slip Op. 1067 (N.Y. 2009)   Cited 160 times
    Distinguishing Earley because the sentencing court never imposed PRS, a substantive portion of the defendant's sentence, whereas, in Gill, the sentencing court merely failed to characterize the sentence as concurrent or consecutive