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Positive treatment
25.8 score
Top citers, strongest first. 14 distinct citers.
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discussed
Cited as authority (rule)
People v. Jenkins
Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, the voluntariness of the defendant’s plea and whether the defendant was informed that his sentence would include a period of postrelease supervision (see People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007]; People v Louree, 8 NY3d 541 [2007]; People v Catu, 4 NY3d 242 [2005]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. James
The brief filed by assigned counsel is deficient, and upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, the voluntariness of the defendant’s plea, and whether the defendant was informed that his sentence would include a period of postrelease supervision (see People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007]; People v Louree, 8 NY3d 541 [2007]; People v Catu, 4 NY3d 242 [2005]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Murrell
Accordingly, the judgments convicting the defendant of burglary in the second degree under indictment No. 562/11 and assault in the second degree under indictment No. 937/11 must be reversed, those pleas vacated, and the matters remitted to the Supreme Court, Nassau County, for further proceedings (see People v Fuertes, 105 AD3d 974, 975 [2013]; People v *732 Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Murrell
Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings (see People v Fuertes, 105 AD3d 974, 975 [2013]; People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Wolfolk
As the People correctly concede, the Supreme Court’s failure to advise the defendant at the time of the plea that his sentence would include a 2V2-year period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent (see People v Catu, 4 NY3d 242, 245 [2005]; People v Fuertes, 105 AD3d 974, 974 [2013]; People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Wolfolk
Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the defendant’s plea of guilty was knowingly, intelligently, and voluntarily entered, and as to whether the Supreme Court failed to inform the defendant of the full postrelease supervision component of his sentence (see People v Catu, 4 NY3d 242, 245 [2005]; see also People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007]; People v Louree, 8 NY3d 541, 545-546 [2007]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Jackson
Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the defendant’s plea of guilty was *1234 knowing, voluntary, and intelligent, and as to whether the Supreme Court failed to inform the defendant of the full post-release supervision component of his sentence (see People v Catu, 4 NY3d 242, 245 [2005]; see also People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007]; People v Louree, 8 NY3d 541, 545-546 [2007]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Murrell
Moreover, upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the defendant’s plea of guilty was knowing, intelligent, and voluntary, and whether the Supreme Court failed to inform the defendant of the post-release supervision component of his sentence (see People v Catu, 4 NY3d 242, 245 [2005]; see also People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007]; People v Louree, 8 NY3d 541, 545-546 [2007]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Divalentino
Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the County Court, Orange County, for further proceedings (see People v Catu, 4 NY3d 242 [2005]; see also People v Fuertes, 105 AD3d 974, 974 [2013]; People v Campbell, 102 AD3d 979, 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Divalentino
Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the County Court, Orange County, for further proceedings (see People v Catu, 4 NY3d 242 [2005]; see also People v Fuertes, 105 AD3d 974, 974 [2013]; People v Campbell, 102 AD3d 979, 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Fuertes
Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings (see People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]; People v Borrego, 59 AD3d 456 [2009]).
discussed
Cited as authority (rule)
People v. Fuertes
Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings (see People v Campbell, 102 AD3d 979 [2013]; People v Weichow, 96 AD3d 883, 884 [2012]; People v Borrego, 59 AD3d 456 [2009]).
discussed
Cited as authority (rule)
People v. Campbell
As the People correctly concede, the Supreme Court’s failure to advise the defendant at the time of the plea that his sentence would include a period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent (see People v Catu, 4 NY3d 242, 245 [2005]; see also People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US 1048 [2008]; People v Weichow, 96 AD3d 883, 884 [2012]).
discussed
Cited as authority (rule)
People v. Campbell
As the People correctly concede, the Supreme Court’s failure to advise the defendant at the time of the plea that his sentence would include a period of postrelease supervision prevented his plea from being knowing, voluntary, and intelligent (see People v Catu, 4 NY3d 242, 245 [2005]; see also People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US 1048 [2008]; People v Weichow, 96 AD3d 883, 884 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Victoria Weichow
v.
Victoria Weichow
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 2012.
Cited by 14 opinions | Published
—Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered May 5, 2010, convicting her of rob[*884] bery in the second degree (three counts), upon her plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
As the People correctly concede, the Supreme Court’s failure to advise the defendant at the time of the plea that her sentence would include a period of postrelease supervision prevented her plea from being knowing, voluntary, and intelligent (see People v Cornell, 16 NY3d 801, 802 [2011]; People v Hill, 9 NY3d 189, 191 [2007], cert denied 553 US 1048 [2008]; People v Louree, 8 NY3d 541, 545-546 [2007]; People v Catu, 4 NY3d 242, 245 [2005]). Accordingly, the judgment must be reversed, the plea vacated, and the matter remitted to the Supreme Court, Nassau County, for further proceedings (see People v Gibbs, 61 AD3d 699 [2009]; People v Borrego, 59 AD3d 456 [2009]; People v Kirksey, 56 AD3d 573 [2008]; People v Thompson, 47 AD3d 648 [2008]). Angiolillo, J.P., Florio, Belen and Chambers, JJ., concur.