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13 New York opinions name it 4 courts 1979–2023 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Outleygreen2 sentences2023The sentencing court conducted an inquiry sufficient to determine that defendant violated the plea agreement ( see People v Outley , 80 NY2d 702, 712 [1993]). 2023The sentencing court conducted an inquiry sufficient to determine that defendant violated the plea agreement ( see People v Outley , 80 NY2d 702, 712 [1993]). | 4 | 8 |
People v. Valenciagreen2 sentences2015Here, the sentencing court conducted an inquiry sufficient to conclude that a violation of the plea agreement had occurred and, therefore, the court satisfied the requirements of due process (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Outley, 80 NY2d 702 [1993]; People v Arrington, 94 AD3d 903 [2012]). 2010Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine that he violated a condition of the plea agreement by failing to perform community service (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Spruell, 60 AD3d 876 [2009]; People v Kitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670 [2005]; cf. People v Fiammegta, 14 NY3d 90, 98 [2010]). | 3 | 4 |
People v. Fiammegtagreen2 sentences2013Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine whether he violated a condition of the plea agreement by failing to comply with a drug abuse treatment program (see People v Arrington, 94 AD3d at 903 ; cf. People v Fiammegta, 14 NY3d at 98 ). 2013Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine whether he violated a condition of the plea agreement by failing to comply with a drug abuse treatment program (see People v Arrington, 94 AD3d at 903 ; cf. People v Fiammegta, 14 NY3d at 98 ). | 1 | 3 |
People v. Maraclegreen1 sentence2015Under the circumstances of this case, the defendant’s purported waiver of his right to appeal does not extend to the imposition of the enhanced sentence that was imposed upon him (see People v Pianoforte, 126 AD3d 815, 816 [2015]; see also People v Maracle, 19 NY3d 925 [2012]). | 1 | 1 |
People v. Pianafortegreen1 sentence2015Under the circumstances of this case, the defendant’s purported waiver of his right to appeal does not extend to the imposition of the enhanced sentence that was imposed upon him (see People v Pianoforte, 126 AD3d 815, 816 [2015]; see also People v Maracle, 19 NY3d 925 [2012]). | 1 | 1 |
People v. Gambrellgreen1 sentence2010Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine that he violated a condition of the plea agreement by failing to perform community service (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Spruell, 60 AD3d 876 [2009]; People v Kitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670 [2005]; cf. People v Fiammegta, 14 NY3d 90, 98 [2010]). | 1 | 1 |
People v. Covingtongreen1 sentence2010Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine that he violated a condition of the plea agreement by failing to perform community service (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Spruell, 60 AD3d 876 [2009]; People v Kitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670 [2005]; cf. People v Fiammegta, 14 NY3d 90, 98 [2010]). | 1 | 1 |
People v. Kitchensgreen1 sentence2010Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine that he violated a condition of the plea agreement by failing to perform community service (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Spruell, 60 AD3d 876 [2009]; People v Kitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670 [2005]; cf. People v Fiammegta, 14 NY3d 90, 98 [2010]). | 1 | 1 |
Daniel Torres v. J. Berbary, Superintendentgreen1 sentence2007Under the circumstances of the case, due process did not require an evidentiary hearing to resolve disputed factual issues (see People v Valencia, 3 NY3d 714 [2004]; compare Torres v Berbary, 340 F3d 63 [2d Cir 2003]). | 1 | 1 |
Gardner v. Floridagreen1 sentence2004It is well settled that “the sentencing process . . . must satisfy the requirements of the Due Process Clause” (Gardner v Florida, 430 US 349, 358 [1977]; People v Outley, 80 NY2d 702, 712 [1993]). | 1 | 1 |
People v. Owensgreen1 sentence1979However, pursuant to CPL 400.21, the court should have required proof that defendant was advised of his right to a trial by jury when he pleaded guilty in 1962 (see People v Brown, 67 AD2d 949 ; see, also, People v Owens, 58 AD2d 587 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Arrington
green
2 sentences2015Here, the sentencing court conducted an inquiry sufficient to conclude that a violation of the plea agreement had occurred and, therefore, the court satisfied the requirements of due process (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Outley, 80 NY2d 702 [1993]; People v Arrington, 94 AD3d 903 [2012]). 2013Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine whether he violated a condition of the plea agreement by failing to comply with a drug abuse treatment program (see People v Arrington, 94 AD3d at 903 ; cf. People v Fiammegta, 14 NY3d at 98 ). | 3 | 2013–2015 |
People v. Spruell
neutral
1 sentence2010Contrary to the defendant’s contention, the sentencing court conducted an inquiry sufficient to determine that he violated a condition of the plea agreement by failing to perform community service (see People v Valencia, 3 NY3d 714, 715 [2004]; People v Spruell, 60 AD3d 876 [2009]; People v Kitchens, 46 AD3d 577, 578 [2007]; People v Covington, 28 AD3d 575, 575-576 [2006]; People v Garner, 18 AD3d 669, 670 [2005]; cf. People v Fiammegta, 14 NY3d 90, 98 [2010]). | 1 | 2010–2010 |
People v. Brown
neutral
1 sentence1979However, pursuant to CPL 400.21, the court should have required proof that defendant was advised of his right to a trial by jury when he pleaded guilty in 1962 (see People v Brown, 67 AD2d 949 ; see, also, People v Owens, 58 AD2d 587 ). | 1 | 1979–1979 |
People v. Luciano
neutral
1 sentence1979The sentencing court conducted a hearing on the question of whether defendant was the same person who was convicted of the prior offense, and properly refused to entertain defendant’s contention that the prior conviction was "unconstitutionally obtained” because his attorney allegedly neglected to file a notice of appeal (see People v Luciano, 46 NY2d 767, 769 ). | 1 | 1979–1979 |