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Positive treatment
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Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975
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Top citers, strongest first. 50 distinct citers.
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discussed
Cited "but see"
Innes v. Dalsheim
But see People v. Selikoff, 35 N.Y.2d 227, 240-41 , 360 N.Y.S.2d 623 , 318 N.Ed.2d 784 (1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975); Hodes v. State of New York, 113 A.D.2d 121, 122 , 495 N.Y.S.2d 279 (3d Dept.1985) (construing Selikoff as rejecting “the application of contract law to plea agreements” because “public policy considerations in the sentencing of criminal defendants override the ability to contract”).
discussed
Cited "but see"
Innes v. Dalsheim
But see People v. Selikoff, 35 N.Y.2d 227, 240-41 , 360 N.Y.S.2d 623 , 318 N.Ed.2d 784 (1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975); Hodes v. State of New York, 113 A.D.2d 121, 122 , 495 N.Y.S.2d 279 (3d Dept.1985) (construing Selikoff as rejecting "the application of contract law to plea agreements" because "public policy considerations in the sentencing of criminal defendants override the ability to contract"). 23 Comparing a criminal defendant with a merchant in the marketplace is an inappropriate analogy that we have rejected.
discussed
Cited as authority (quoted)
Lane v. Bonin
(2×)
also: Cited "see, e.g."
pennsylvania law does not allow a state agency to create tenure unless the legislature specifically grants the agency the power to do so.
discussed
Cited "see"
People v. N.H.
This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" ( People v Seaberg , 74 NY2d 1, 7 [1989]; accord People v Thomas , 34 NY3d 545, 557 [2019]; see generally People v Selikoff , 35 NY2d 227, 232-235 [1974], cert denied 419 US 1122 [1975]).
discussed
Cited "see"
People v. Johnson
(2×)
This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" ( People v Seaberg , 74 NY2d 1, 7 [1989]; accord People v Thomas , 34 NY3d 545, 557 [2019]; see generally People v Selikoff , 35 NY2d 227, 232-235 [1974], cert denied 419 US 1122 [1975]).
discussed
Cited "see"
People v. Sabb
Supreme Court was obliged to, and did, consider the unchallenged information in the presentence report regarding "the circumstances attending the commission of the offense" in addition to the facts admitted during the plea colloquy, and that information reflected that defendant and his accomplice drove by the crowd of people on the street and fired 16 separate shots toward them, striking the two victims at issue as well as three other people (CPL 390.30 [1]; see People v Selikoff , 35 NY2d 227, 237-238 [1974], cert denied 419 US 1122 [1975]).
discussed
Cited "see"
People v. Camacho
(2×)
Where a person is convicted of a felony, the court must order a presentence investigation of the defendant and it may not pronounce sentence until it has received a written report of that investigation (CPL 390.20[1]; see People v Selikoff, 35 NY2d 227, 238 [1974], cert denied 419 US 1122 [1975]["the statute mandates, and it is the public policy of this State to require, a presentence report before sentence be imposed"]).
discussed
Cited "see"
People v. Meddaugh
While “[a] guilty plea induced by an unfulfilled promise either must be vacated or the promise honored” (People v Collier, 22 NY3d 429, 433 [2013] [internal quotation marks and citation omitted], cert denied 573 US —, 134 S Ct 2730 [2014]; see People v Selikoff, 35 NY2d 227, 241 [1974], cert denied 419 US 1122 [1975]; People v Roberts, 293 AD2d 916, 917 [2002]), the record does not establish any of defendant’s allegations.
discussed
Cited "see"
People v. Feliciano
Only later did the court decide to make the sentence of probation subject to defendant’s adherence to certain conditions . . . [T]his is impermissible.” ( 186 AD2d at 9-10 , citing People v Rodney E., 77 NY2d 672 [1991].) The United State Supreme Court has long made clear that “when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” (Santobello v New York, 404 US 257, 262 [1971]; accord People v Selikoff, 35 NY2d 227, 239 [1974], cert denied 419 US 112…
discussed
Cited "see"
People v. Feliciano
Only later did the court decide to make the sentence of probation subject to defendant’s adherence to certain conditions . . . [T]his is impermissible.” ( 186 AD2d at 9-10 , citing People v Rodney E., 77 NY2d 672 [1991].) The United State Supreme Court has long made clear that “when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” (Santobello v New York, 404 US 257, 262 [1971]; accord People v Selikoff, 35 NY2d 227, 239 [1974], cert denied 419 US 112…
discussed
Cited "see"
People v. Picoa
Where the promise of adequate drug treatment is unfulfilled, the plea induced by that promise “ ‘either must be vacated or the promise honored’ ” (People v Rodriguez, 289 AD2d at 513 , quoting People v Jackson, 272 AD2d at 343 ; see People v Selikoff, 35 NY2d 227, 241 [1974], cert denied 419 US 1122 [1975]; People v Salgado, 282 AD2d 765, 766 [2001]).
discussed
Cited "see"
People v. Picoa
Where the promise of adequate drug treatment is unfulfilled, the plea induced by that promise “ ‘either must be vacated or the promise honored’ ” (People v Rodriguez, 289 AD2d at 513 , quoting People v Jackson, 272 AD2d at 343 ; see People v Selikoff, 35 NY2d 227, 241 [1974], cert denied 419 US 1122 [1975]; People v Salgado, 282 AD2d 765, 766 [2001]).
discussed
Cited "see"
People v. Bregel
“A court is under no obligation to adhere to a sentencing promise after receiving information affecting the sentence, provided the court affords the defendant the opportunity to withdraw his [or her] plea” (People v O’Brien, 52 AD3d 535, 536 [2008]). “[I]f the court cannot or will not impose the sentence promised, the reasons should be stated on the record in order to permit appellate review and avoid arbitrariness or trifling with the legitimate expectations of defendants” (People v Rubendall, 4 AD3d 13, 19 [2004]; see People v Selikoff, 35 NY2d 227, 240 [1974], cert denied 419 US 1…
discussed
Cited "see"
People v. Powell
The record demonstrates that defendant had sufficient time to consider the People’s plea offer and that the plea bargaining process was fair (cf. People v Compton, 157 AD2d 903 [1990], lv denied 75 NY2d 918 [1990]; see generally People v Selikoff, 35 NY2d 227, 233-234 [1974], cert denied 419 US 1122 [1975]; People v Parker, 271 AD2d 63, 68 [2000], lv denied 95 NY2d 967 [2000]).
discussed
Cited "see"
POWELL, TROY, PEOPLE v
The record demonstrates that defendant had sufficient time to consider the People’s plea offer and that the plea bargaining process was fair (cf. People v Compton, 157 AD2d 903 , lv denied 75 NY2d 918 ; see generally People v Selikoff, 35 NY2d 227, 233-234 , cert denied 419 US 1122 ; People v Parker, 271 AD2d 63, 68 , lv denied 95 NY2d 967 ).
discussed
Cited "see"
People v. Grant
New York, like most other jurisdictions, has long accepted the practice of plea bargaining, noting that it “serves important functions for both prosecutors and defendants” (Matter of Hynes v Tomei, 92 NY2d 613, 624-625 [1998], cert denied 527 US 1015 [1999]; see People v Selikoff, 35 NY2d 227, 233 [1974], cert denied 419 US 1122 [1975]).
discussed
Cited "see"
People v. Chapman
It is well settled that, “[w]hile the decision to allow a defendant to withdraw a plea of guilty generally rests in the sound discretion of the trial court. . . [,] a plea induced by an unfulfilled promise either must be vacated or the promise honored” (People v Jackson, 272 AD2d 342, 342-343 [2000]; see People v Selikoff, 35 NY2d 227, 241 [1974], cert denied 419 US 1122 [1975]).
discussed
Cited "see"
People v. Tillman
Further, County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty pleas (see CPL 220.60 [3]; see generally People v Selikoff, 35 NY2d 227, 239-241 [1974], cert denied 419 US 1122 [1975]).
cited
Cited "see"
McMahon v. Hodges
See People v. Selikoff, 35 N.Y.2d 227, 239 , 360 N.Y.S.2d 623 , 318 N.E.2d 784 (1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975).
discussed
Cited "see"
People v. Rodriguez
The remaining charge was dismissed. “[A] plea induced by an unfulfilled promise either must .be vacated or the promise honored” (People v Jackson, 272 AD2d 342, 343 ; see, People v Selikoff, 35 NY2d 227, 241 , cert denied 419 US 1122 ; People v Kloczkowski, 199 AD2d 538 ).
discussed
Cited "see"
United States v. Lee
See United States v. Pellicci, 504 F.2d 1106 (1st Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975); United States v. Halmo, 386 F.Supp. 593 (E.D.Wis.1974); United States v. Curreri, 363 F.Supp. 430 (D.Md.1973).
discussed
Cited "see"
People v. Thomas
Since the People did not consent to this procedure (see, CPL 390.20 [4]; see generally, People v Damiano, 87 NY2d 477 ), the sentence imposed was invalid as a matter of law (see, People v Selikoff, 35 NY2d 227 , cert denied 419 US 1122 ; People v Evans, 120 AD2d 545 ; People v Grice, 64 AD2d 718 ).
discussed
Cited "see"
People v. Anonymous
“Absent a showing that [a] defendant’s plea was baseless, the Judge to whom the motion [to withdraw a guilty plea] is addressed must be entitled to rely on the record to ascertain whether any promises, representations, implications and the like were made to the defendant” (People v Frederick, 45 NY2d 520, 525 ; see, People v Selikoff, 35 NY2d 227, 242 , cert denied 419 US 1122 ).
discussed
Cited "see"
People v. King
"A defendant will not be heard to challenge his guilty plea when the minutes of the plea are unequivocal and refute any contention of an off-the-record promise” (People v Frederick, 45 NY2d 520, 526 ; see, People v Selikoff, 35 NY2d 227 , cert denied 419 US 1122 ).
discussed
Cited "see"
People v. Santiago
The court had before it the original presentence report, the updated supplementary report and the violation of probation report (CPL 390.20 [1]; see, People v Selikoff, 35 NY2d 227, 238 , cert denied 419 US 1122 ).
discussed
Cited "see"
Shapiro v. Gherman (In Re Gherman)
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1002 (5th Cir.1974), cert. denied sub nom., Economic Research Analysts, Inc. v. O’Connell, 419 U.S. 1122 , 95 5.Ct. 805, 42 L.Ed.2d 821 (1975).
discussed
Cited "see"
Citibank, N.A., Plaintiff-Counterclaim Third-Party Defendant v. Data Lease Financial Corporation, Defendant-Counterclaim Third Party v. Joseph Stefan, Truman A. Skinner, R. Dale Melching, William A. Krusen, Robert M. Marlin, Andrew MacHata Edward G. Grafton, Mgic Indemnity Corporation, Third-Party
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1002 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975); Cirou v. Basler, 432 So.2d 628, 629 (Fla.Dist.Ct.App.1983) 9 A shareholder may not bring a derivative action once he parts with his shares.
discussed
Cited "see"
Citibank, N.A. v. Data Lease Financial Corp.
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1002 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975); Cirou v. Basler, 432 So.2d 628, 629 (Fla.Dist.Ct.App.1983). .
cited
Cited "see"
La Porte Construction Company, Inc. And Floyd G. Dicus v. Bayshore National Bank of La Porte, Texas, and Arthur Andersen & Co.
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1001 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975).
cited
Cited "see"
Zelman v. Cook
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 999-1000 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975). 4.
cited
Cited "see"
Pivarnik v. Commonwealth
See Mahoney v. Philadelphia Housing Authority, 13 Pa. Commonwealth Ct. 243 , 320 A.2d 459 (1974), cert. denied, 419 U.S. 1122 (1975).
discussed
Cited "see"
Eaton v. Coal Par of West Virginia, Inc.
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975); Bryne v. Gulfstream First Bank & Trust Company of Boca Raton, 528 F.Supp. 692, 695 (S.D.Fla.1981). 4 . 17 C.F.R. § 240 .1Ob-5 (1983) provides; It shall be unlawful for any person directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any exchange facility of any national securities exchange, (a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of a material…
cited
Cited "see"
Matthews v. Scully
See People v. Selikoff, 35 N.Y.2d 227, 238 , 360 N.Y.S.2d 623, 633 , 318 N.E.2d 784, 794 (1974), cert, denied 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975).
cited
Cited "see"
Christy v. Cambron
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1001 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975)
cited
Cited "see"
Christy v. Cambron
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1001 (5th Cir.1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975).
discussed
Cited "see"
United States v. Howard Fisher
See People v. Selikoff, 35 N.Y.2d 227, 238 , 318 N.E.2d 784, 791 , 360 N.Y.S.2d 623, 633 (1974) (in plea bargaining context, “if contract law were applicable, the negotiations would probably not have produced a binding agreement, either for fraud in the inducement or for unilateral mistake knowingly suffered to occur by defendant”), cert denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975); United States ex rel.
cited
Cited "see"
Blue Sky L. Rep. P 71,767, Fed. Sec. L. Rep. P 98,823 Dr. W. B. Landry, Bryan Zeringue and Curtis Chauvin, Cross-Appellees v. All American Assurance Company, Republic Securities Corp., Defendants-Third-Party v. Bank of St. Charles & Trust Company, Third-Party Cross-Appellants
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996 (5th Cir. 1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975).
discussed
Cited "see"
Benjamin Siegel v. State of New York and Edward J. Kuriansky, Deputy New York Attorney General for Medicaid Fraud
(2×)
See People v. Selikoff, 35 N.Y.2d 227 , 360 N.Y.S.2d 623 , 318 N.E.2d 784 (1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975).
cited
Cited "see"
Landry v. All American Assurance Co.
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996 (5th Cir. 1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975).
cited
Cited "see"
Wilson v. HJ Wilson Co., Inc.
Accord, Hudak v. Economic Research Analysts, Inc., 5th Cir. 1974, 499 F.2d 996 , cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 ; ...” 551 F.2d at 1024 n. 31.
discussed
Cited "see"
American Lease Plans, Inc. v. Silver Sand Co. of Leesburg
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1002 (5th Cir. 1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975) (citing One Hour Valet of America v. Keck, 157 So.2d 83 (Fla. D.Ct.App. 1963)); Aetna Insurance Co. v. Holmes, 59 Fla. 116 , 52 So. 801 , 802 (1910).
discussed
Cited "see"
American Lease Plans, Inc., a Foreign Corporation v. Silver Sand Company of Leesburg, Inc., a Florida Corporation, and Third-Party v. Ronald D. And Janet M. Allen, Etc., Third-Party
See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 1002 (5th Cir. 1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1975) (citing One Hour Valet of America v. Keck, 157 So.2d 83 (Fla. D.Ct.App. 1963)); Aetna Insurance Co. v. Holmes, 59 Fla. 116 , 52 So. 801 , 802 (1910).
discussed
Cited "see"
Marriage of K. B. v. S. B.
See, Loeser v. Loeser, (1974) 160 Ind.App. 236 , 311 N.E.2d 636 , trans. den., cert. den. 419 U.S. 1122 , 93 S.Ct. 436 , 34 L.Ed.2d 299 (1975); Scott, supra. We do not, however, agree that Dr. Hull’s testimony should have been excluded because his report had been attached to S.B.’s motion for new trial.
cited
Cited "see"
Kb v. Sb
See, Loeser v. Loeser, (1974) 160 Ind. App. 236 , 311 N.E.2d 636 , trans. den., cert. den. 419 U.S. 1122 , 93 S.Ct. 436 , 34 L.Ed.2d 299 (1975); Scott, supra .
cited
Cited "see"
Marino v. Bowers
Accord, Mahoney v. Philadelphia Housing Authority, 13 Pa.Comm. 243, 320 A.2d 459 (1974), cert. denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975).
discussed
Cited "see"
Morris v. Stifel, Nicolaus & Co.
We stated that the appropriate statute should be the “one which best effectuates the federal policy at issue.” Va nderboom v. Sexton, 422 F.2d at 1237 ; see Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 999 (5th Cir.), cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1974); Parrent v. Midwest Rug Mills, Inc., 455 F.2d 123, 125 (7th Cir. 1972).
discussed
Cited "see"
Fed. Sec. L. Rep. P 96,895 Margaret Morris v. Stifel, Nicolaus & Co., Inc., and Kingsley O. Wright, Sr., Mary A. Braun v. Stifel, Nicolaus & Co., Inc., Kingsley O. Wright, and Theodore Menas
We stated that the appropriate statute should be the "one which best effectuates the federal policy at issue." Vanderboom v. Sexton, 422 F.2d at 1237 ; See Hudak v. Economic Research Analysts, Inc., 499 F.2d 996, 999 (5th Cir.), Cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 (1974); Parrent v. Midwest Rug Mills, Inc., 455 F.2d 123, 125 (7th Cir. 1972).
discussed
Cited "see"
Covert v. REDEVELOPMENT AUTHORITY, ETC.
See Mitchell v. Chester Housing Authority, 389 Pa. 314 , 132 A.2d 873 (1957); Accord Mahoney v. Philadelphia Housing Authority, 13 Pa.Cmwlth. 243 , 320 A.2d 459 (1974), cert, denied, 419 U.S. 1122 , 95 S.Ct. 806 , 42 L.Ed.2d 822 (1975).
discussed
Cited "see"
Fed. Sec. L. Rep. P 96,048 Milton E. Dupuy v. Clarence O. Dupuy, Jr.
Accord, Hudak v. Economic Research Analyst, Inc., 5 Cir. 1974, 499 F.2d 996 , cert. denied, 419 U.S. 1122 , 95 S.Ct. 805 , 42 L.Ed.2d 821 ; Parrent v. Midwest Rug Mills, Inc., 7 Cir. 1972, 455 F.2d 123 ; Vandervoom v. Sexton, 8 Cir. 1970, 422 F.2d 1233 , cert. denied, 400 U.S. 852 , 91 S.Ct. 47 , 27 L.Ed.2d 90 .
discussed
Cited "see"
People v. Fox
See People v Selikoff ( 41 AD2d 376, 378 , affd 35 NY2d 227 , cert den 419 US 1122 ), where the court in reaching its conclusion relied on Lynch v Overholser ( 369 US 705, 719 ), where the Supreme Court of the United States made clear that a criminal defendant has no "absolute right to have his guilty plea accepted by the court * * * the trial judge may refuse to accept such a plea and enter a plea of not guilty on behalf of the accused.” The court in Selikoff also relied on Santobello v New York ( 404 US 257, 262 ), where the Supreme Court had explained: "There is, of course, no absolute ri…
Retrieving the full opinion text from the archive…
Pellicci
v.
United States
v.
United States
No. 74-636.
Supreme Court of the United States.
Jan 20, 1975.
Published
Citer courts: W.D. Pennsylvania (1)
C. A. 1st Cir. Certiorari denied.