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11 New York opinions name it 3 courts 1959–2022 1 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. Abdus-Samadgreen2 sentences2015“Notwithstanding his failure to appeal from the [1999] conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained” (People v Johnson, 196 AD2d 408 , 410 [1993], lv denied 82 NY2d 806 [1993], citing People v Harris, 61 NY2d 9 [1983]; see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). 2012Although the absence of an appeal may be a relevant consideration in predicate felony offender proceedings, it is not an automatic bar to challenging the constitutionality of a predicate conviction (see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). | 2 | 2 |
People v. Johnsongreen2 sentences2015“Notwithstanding his failure to appeal from the [1999] conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained” (People v Johnson, 196 AD2d 408 , 410 [1993], lv denied 82 NY2d 806 [1993], citing People v Harris, 61 NY2d 9 [1983]; see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). 2012Defendant’s failure to appeal the 2004 conviction did not constitute a forfeiture of his right to independently challenge its constitutionality within the context of a predicate felony proceeding (see People v Johnson, 196 AD2d 408, 410 [1993], lv denied 82 NY2d 806 [1993] [“Notwithstanding his failure to appeal from the 1985 conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained”]). | 1 | 2 |
Western New York Land Conservancy, Inc. v. Cullengreen2 sentences2015“Notwithstanding his failure to appeal from the [1999] conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained” (People v Johnson, 196 AD2d 408 , 410 [1993], lv denied 82 NY2d 806 [1993], citing People v Harris, 61 NY2d 9 [1983]; see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). 2012Although the absence of an appeal may be a relevant consideration in predicate felony offender proceedings, it is not an automatic bar to challenging the constitutionality of a predicate conviction (see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). | 1 | 2 |
People v. Brewingtongreen1 sentence2022Significantly, "[n]otwithstanding his failure to appeal from the [2006] conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained" ( People v Brewington , 127 AD3d at 1248 [internal quotation marks and citation omitted]). | 1 | 1 |
People v. Browngreen1 sentence2015It is well established that a court must advise a defendant of the direct consequences of a plea prior to sentencing, specifically including the existence and duration of any PRS requirement *1249 (see People v Catu, 4 NY3d 242, 245 [2005]; People v Bolivar, 118 AD3d 91, 93-94 [2014]; People v Brown, 107 AD3d 1303, 1304 [2013]). | 1 | 1 |
People v. Bolivargreen1 sentence2015It is well established that a court must advise a defendant of the direct consequences of a plea prior to sentencing, specifically including the existence and duration of any PRS requirement *1249 (see People v Catu, 4 NY3d 242, 245 [2005]; People v Bolivar, 118 AD3d 91, 93-94 [2014]; People v Brown, 107 AD3d 1303, 1304 [2013]). | 1 | 1 |
People v. Catugreen1 sentence2015It is well established that a court must advise a defendant of the direct consequences of a plea prior to sentencing, specifically including the existence and duration of any PRS requirement *1249 (see People v Catu, 4 NY3d 242, 245 [2005]; People v Bolivar, 118 AD3d 91, 93-94 [2014]; People v Brown, 107 AD3d 1303, 1304 [2013]). | 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. Harris
green
2 sentences2015“Notwithstanding his failure to appeal from the [1999] conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained” (People v Johnson, 196 AD2d 408 , 410 [1993], lv denied 82 NY2d 806 [1993], citing People v Harris, 61 NY2d 9 [1983]; see People v Abdus-Samad, 69 AD3d 516, 517 [2010], lv denied 15 NY3d 746 [2010]). 1993Notwithstanding his failure to appeal from the 1985 conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained (People v Harris, 61 NY2d 9 ). | 2 | 1993–2015 |
People v. Dale
green
2 sentences1989Although defendant has no constitutional right to receive youthful offender treatment, he does have a statutory right to a hearing when he has challenged the constitutionality of the predicate felony conviction (CPL 400.21 [7] [b]; People v James, 109 AD2d 1095 ; People v Barrows, 65 AD2d 625 ). 1985Although defendant has no constitutional right to receive youthful treatment he does have a statutory right to a hearing when he has challenged the constitutionality of the predicate felony conviction (CPL 400.21 [7] [b]; People v Barrows, 65 AD2d 625 ; People v Fraser, 54 AD2d 965 ). | 2 | 1985–1989 |
People v. Baldi
green
2 sentences1989Thus, the sen tencing court’s refusal to conduct a hearing before sentencing defendant as a second felony offender was error and prevented the "unique circumstances” of defendant’s prior representation from being explored (People v Baldi, 54 NY2d 137, 146 ). 1985The trial court’s refusal to conduct a hearing before sentencing defendant as a second felony offender was error and prevented the unique circumstances of defendant’s prior representation from being explored (see, People v Baldi, 54 NY2d 137,146 ). | 2 | 1985–1989 |
People v. Amiger
neutral
1 sentence1989Although defendant has no constitutional right to receive youthful offender treatment, he does have a statutory right to a hearing when he has challenged the constitutionality of the predicate felony conviction (CPL 400.21 [7] [b]; People v James, 109 AD2d 1095 ; People v Barrows, 65 AD2d 625 ). | 1 | 1989–1989 |
People v. Fraser
neutral
1 sentence1985Although defendant has no constitutional right to receive youthful treatment he does have a statutory right to a hearing when he has challenged the constitutionality of the predicate felony conviction (CPL 400.21 [7] [b]; People v Barrows, 65 AD2d 625 ; People v Fraser, 54 AD2d 965 ). | 1 | 1985–1985 |
Kwasnik v. Willo Packing Co.
neutral
1 sentence1985As stated in an analogous situation: "In granting * * * a statutory right of challenge, the statute must logically protect the challenger in conducting an investigation in a reasonable manner” (Salonen v Barbella, 65 AD2d 753, 756 ). | 1 | 1985–1985 |
Royal Globe Insurance v. Chock Full O'Nuts Corp.
green
1 sentence1985Co. v Chock Full O’Nuts Corp., 86 AD2d 315, 316 , Iv dismissed 58 NY2d 605 .) The statutory right to a hearing and the provisions for penalties continue in the current Insurance Law (§2601 [b], [c]). | 1 | 1985–1985 |
People v. Parker
green
1 sentence1985In the case at bar, however, as in Parker (supra), the right is a fundamental constitutional right. | 1 | 1985–1985 |
People v. Thill
green
1 sentence1984In cases where a constitutional right survives a plea, we have held that a related statutory right is forfeited by the plea when the statute would confer on the defendant greater rights than the Constitution demands (see, e.g., People v Thill, 52 NY2d 1020; People v Friscia, 51 NY2d 845 ; People v Howe, 56 NY2d 622 ). | 1 | 1984–1984 |
People v. Friscia
green
1 sentence1984In cases where a constitutional right survives a plea, we have held that a related statutory right is forfeited by the plea when the statute would confer on the defendant greater rights than the Constitution demands (see, e.g., People v Thill, 52 NY2d 1020; People v Friscia, 51 NY2d 845 ; People v Howe, 56 NY2d 622 ). | 1 | 1984–1984 |
People v. Howe
green
1 sentence1984In cases where a constitutional right survives a plea, we have held that a related statutory right is forfeited by the plea when the statute would confer on the defendant greater rights than the Constitution demands (see, e.g., People v Thill, 52 NY2d 1020; People v Friscia, 51 NY2d 845 ; People v Howe, 56 NY2d 622 ). | 1 | 1984–1984 |
Lerner v. Casey
green
1 sentence1959In the United States Supreme Court, Lerner presented the initial challenge that the Security Risk Law was unconstitutional for the reason that it deprived him “ of procedural due process, in that it provides for dismissal of employees in the first instance without a statutory right to a hearing, opportunity for cross-examination, or disclosure of the evidence on which dismissal is based.” ( 357 U. S. 468, 473 , supra.) This contention was met directly by the court’s pertinent double comment immediately following the foregoing quoted sentence: ‘ ‘ However, appellant is in no position to complai | 1 | 1959–1959 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.