26 Cited authorities

  1. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 6,659 times   130 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  2. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 4,617 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"
  3. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 3,854 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel
  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. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,133 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).
  6. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 478 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
  7. Rodriquez v. United States

    395 U.S. 327 (1969)   Cited 570 times   2 Legal Analyses
    Holding that because appeals from a district court's judgment of conviction in a criminal case are effectively a matter of right, a habeas petitioner whose rights were violated at some earlier stage of proceedings should not have to surmount the additional hurdle of proving the existence of meritorious grounds for appeal
  8. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 248 times   1 Legal Analyses
    Noting that a petition for writ of error coram nobis was the appropriate avenue for relief where notice of appeal was not filed due to ineffective assistance of counsel and the one-year period in C.P.L. 460.30 had lapsed
  9. People v. McRay

    51 N.Y.2d 594 (N.Y. 1980)   Cited 482 times
    Recognizing that a glassine envelope is a "telltale sign of heroin" and that the passing of a glassine envelope signals an illicit drug transaction rather than some innocuous act
  10. People v. Ennis

    2008 N.Y. Slip Op. 9007 (N.Y. 2008)   Cited 143 times
    In People v. Ennis, 11 N.Y. 3d 403, 410 [2008J, the Court recognized the general context in which conflict claims arise, stating "To date, our conflict of interest cases have generally fallen into one of two categories: cases where a potential conflict of interest was identified based on defense counsel's previous or concurrent representation of a client whose interests conflicted with those of defendant and cases where defense counsel became a witness against defendant" (internal citations omitted).
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 13,491 times   67 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 6,607 times   38 Legal Analyses
    Granting this discretion to the Attorney General
  13. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 3,751 times   20 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  14. s 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

  15. s 671.3 - Additional duties of defendant's counsel in the trial court

    N.Y. Comp. Codes R. & Regs. tit. 22 § 671.3   Cited 17 times

    (a) Upon conviction in the trial court or upon denial in that court of a motion made pursuant to CPL 440.10 or 440.20 or the denial or dismissal of an application in a habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the defendant, immediately after the pronouncement of sentence or after service upon him of a copy of the order denying the motion or of the order or judgment denying or dismissing the application, to give, either by mail or personally, written notice

  16. s 821.2 - Notification of right to appeal or to apply for a certificate granting leave to appeal

    N.Y. Comp. Codes R. & Regs. tit. 22 § 821.2   Cited 7 times

    (a) After conviction or denial of post-conviction or habeas corpus relief. Where there has been a conviction after trial or otherwise, or where there has been an adverse decision upon an application for a writ of habeas corpus or upon a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty of counsel, retained or assigned, and of the public defender, immediately after the pronouncement of sentence or the service of a copy of a judgment or order disposing