People v. Thomas, 2 N.Y.3d 807 (N.Y. App. Div. 2004). · Go Syfert
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People v. Thomas, 2 N.Y.3d 807 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
49 citation events (49 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Morris (nyappdiv, 2020-05-01)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" People v. Morris
N.Y. App. Div. · 2020 · signal: see · confidence high
Additionally, while the record reflects that defendant had a history of requiring speech and language therapy, as well as behavioral issues, there is nothing in the record to suggest that defendant " lacked the capacity to understand the plea proceeding' " ( People v Smith , 37 AD3d 1141 , 1142 [4th Dept 2007], lv [*2]denied 9 NY3d 851 [2007], reconsideration denied 9 NY3d 926 [2007]; see People v Smith , 5 AD3d 1095, 1095 [4th Dept 2004], lv denied 2 NY3d 807 [2004]; see also People v Scott , 144 AD3d 1597 , 1598 [4th Dept 2016], lv denied 28 NY3d 1150 [2017]).
discussed Cited "see" People v. DeMoney
N.Y. App. Div. · 2008 · signal: see · confidence high
Hearsay evidence is admissible in a probation violation hearing and may be considered along with other evidence, but the court cannot conclude that a defendant violated probation without “a residuum of competent legal evidence” (People v Machia, 96 AD2d 1113, 1114 [1983]; see People v Spragis, 5 AD3d 814, 815 [2004], lv denied 2 NY3d 807 [2004]; People v Hogan, 284 AD2d 655, 655 [2001], lv denied 97 NY2d 641 [2001]; People v Marx, 222 AD2d 763, 764 [1995]; People v Styles, 175 AD2d 961 , 961 [1991], lv denied 79 NY2d 923 [1992]).
discussed Cited "see" People v. Smith
N.Y. App. Div. · 2007 · signal: see · confidence high
The remarks and conduct of defendant “do not suggest that he lacked the capacity to understand the plea proceeding” (People v Jones, 8 AD3d 1021, 1021 [2004], lv denied 3 NY3d 676 [2004]; see People v Price, 309 AD2d 1259 [2003], lv denied 1 NY3d 578 [2003]), and the record establishes that the guilty plea “ ‘was voluntarily made with the advice of counsel following an appraisal of all the relevant factors’ ” (People v May, 305 AD2d 1095 , 1095 [2003], lv denied 100 NY2d 622 [2003], quoting People v Dixon, 29 NY2d 55, 57 [1971]; see People v Smith, 5 AD3d 1095 [2004], lv denied 2 N…
discussed Cited "see, e.g." People v. Vogel
N.Y. App. Div. · 2005 · signal: see also · confidence low
We note, however, that defendant stipulated to the amount of restitution imposed and thereby waived his right to challenge the amount of restitution, ordered (see People v Huffman, 288 AD2d 907 , 908 [2001], lv denied 97 NY2d 755 [2002]; see also People v Sweeney, 4 AD3d 769 [2004], lv denied 2 NY3d 807 [2004]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
THOMAS (BERNARD)
Appellate Division of the Supreme Court of the State of New York.
May 10, 2004.
2 N.Y.3d 807
Published

Application in criminal case for leave to appeal dismissed. (Read, J.)