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Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
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2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Wade
Initially, we note that “ ‘[t]he decision to permit withdrawal of a guilty plea is a matter within the trial court’s sound discretion, and a hearing is required only where the rec ord presents a genuine question of fact as to its voluntariness’ ” (People v Russell, 79 AD3d 1530, 1530-1531 [2010], quoting People v Shovah, 67 AD3d 1257, 1257 [2009], lv denied 14 NY3d 773 [2010] [internal quotation marks and citations omitted]; see People v Lane, 1 AD3d 801, 802 [2003], lv denied 2 NY3d 742 [2004]).
discussed
Cited "see"
People v. Wade
Initially, we note that “ ‘[t]he decision to permit withdrawal of a guilty plea is a matter within the trial court’s sound discretion, and a hearing is required only where the rec ord presents a genuine question of fact as to its voluntariness’ ” (People v Russell, 79 AD3d 1530, 1530-1531 [2010], quoting People v Shovah, 67 AD3d 1257, 1257 [2009], lv denied 14 NY3d 773 [2010] [internal quotation marks and citations omitted]; see People v Lane, 1 AD3d 801, 802 [2003], lv denied 2 NY3d 742 [2004]).
discussed
Cited "see"
People v. Rufus
Under the circumstances, the “continued representation of defendant by [the first] attorney would create an actual conflict of interest as well as a likelihood of violating the ‘advocate-witness’ and ‘unsworn witness’ rules . . . , and that waiver of conflict-free representation would not cure these defects” (People v Gordon, 272 AD2d 133, 134 [2000], lv denied 95 NY2d 890 [2000]; see People v Jones, 2 AD3d 1397, 1398-1399 [2003], lv denied 2 NY3d 742 [2004]; People v Blaylock, 266 AD2d 400 [1999], lv denied 94 NY2d 877 [2000]).
discussed
Cited "see"
People v. Singh
In conclusion, we find that counsel actively promoted a reasonable defense theory and that “[n]one of counsel’s strategies or alleged errors were sufficient to constitute a deprivation of meaningful representation, either alone or when considered in the aggregate” (People v Demetsenare, supra at 795 ; see People v Koufomichalis, 2 AD3d 987, 989 [2003], lv denied 2 NY3d 742 [2004]).
discussed
Cited "see"
People v. Williams
“The record establishes that defendant understood that, by waiving his right to appeal, he was relinquishing the right to challenge his conviction” (People v Summers [appeal No. 2], 242 AD2d 869, 869 [1997], lv denied 91 NY2d 881 [1997]; see People v Lynch, 4 AD3d 809 [2004], lv denied 2 NY3d 742 [2004]).
discussed
Cited "see, e.g."
People v. Fifield
Defendant’s written waiver of the right to appeal and defendant’s responses during the plea proceeding establish that the waiver was voluntary, knowing, and intelligent (see People v Johnston, 17 AD3d 1103 [2005]; People v Debo, 234 AD2d 944 , 945 [1996], lv denied 89 NY2d 984 [1997]; see also People v Lynch, 4 AD3d 809 [2004], lv denied 2 NY3d 742 [2004]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
LOGAN
v.
LOGAN
New York Court of Appeals.
Mar 18, 2004.
Published
Application in criminal case for leave to appeal denied. (Ciparick, J.)