20 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,650 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Padilla v. Kentucky
559 U.S. 356 (2010) Cited 8,616 times 131 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
Payton v. New York
445 U.S. 573 (1980) Cited 7,629 times 33 Legal Analyses
Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"
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 507 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. 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
State v. Bellamy
178 N.J. 127 (N.J. 2003) Cited 186 times 1 Legal Analyses
Holding that legislative intent behind SVP act was regulatory, not punitive
People v. Hill
2007 N.Y. Slip Op. 8782 (N.Y. 2007) Cited 166 times 2 Legal Analyses
In Hill, the new sentence consisted of a period of imprisonment less than the determinate sentence originally imposed, followed by a period of PRS that together equaled the incarceratory period of the original sentence (see Hill, 9 N.Y.3d at 192, 849 N.Y.S.2d 13, 879 N.E.2d 152).
People v. Nixon
21 N.Y.2d 338 (N.Y. 1967) Cited 531 times
In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.

The People, Respondent,v.Terrance Monk, Appellant.

20 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"

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

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

Holding that legislative intent behind SVP act was regulatory, not punitive

In Hill, the new sentence consisted of a period of imprisonment less than the determinate sentence originally imposed, followed by a period of PRS that together equaled the incarceratory period of the original sentence (see Hill, 9 N.Y.3d at 192, 849 N.Y.S.2d 13, 879 N.E.2d 152).

In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.