§Why CasetextPricing

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

Brief

25 Cited authorities

  1. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,583 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

  2. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 13,214 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

  3. Foucha v. Louisiana

    504 U.S. 71 (1992)   Cited 1,261 times   13 Legal Analyses
    Holding broadly that insanity acquittees may not be detained unless the government can show they are dangerous by clear and convincing evidence

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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.

  9. People v. Gravino

    2010 N.Y. Slip Op. 4025 (N.Y. 2010)   Cited 129 times
    Holding that the “fact and length of post-release supervision” are “direct consequences of a plea” to any offense, whereas “SORA registration and the terms and conditions of probation” are not

  10. People v. Harnett

    2011 N.Y. Slip Op. 744 (N.Y. 2011)   Cited 99 times
    In Harnett, the Court of Appeals determined that on the record before it, it could not determine "whether [the defendant's] lawyer told him about SOMTA or whether, considering the facts of defendant's situation, SOMTA would have been a significant factor in the evaluation of a plea bargain" (id. at 207–208, 920 N.Y.S.2d 246, 945 N.E.2d 439).