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10 New York opinions name it 3 courts 1975–2023 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. Stevensongreen2 sentences2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). 2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). | 2 | 2 |
People v. Petersongreen1 sentence2016Moreover, defendant did not make any statements during the plea colloquy suggestive of an intoxication defense, and his postplea remark during a discussion concerning the order of protection did not obligate the court to make further inquiry regarding a potential defense (see People *1243 v Mayo, 130 AD3d 1099, 1100 [2015]; People v Pearson, 110 AD3d 1116, 1116-1117 [2013]; cf. People v Peterson, 124 AD3d 993, 994 [2015]). | 1 | 1 |
People v. Mayogreen1 sentence2016Moreover, defendant did not make any statements during the plea colloquy suggestive of an intoxication defense, and his postplea remark during a discussion concerning the order of protection did not obligate the court to make further inquiry regarding a potential defense (see People *1243 v Mayo, 130 AD3d 1099, 1100 [2015]; People v Pearson, 110 AD3d 1116, 1116-1117 [2013]; cf. People v Peterson, 124 AD3d 993, 994 [2015]). | 1 | 1 |
People v. Pearsongreen1 sentence2016Moreover, defendant did not make any statements during the plea colloquy suggestive of an intoxication defense, and his postplea remark during a discussion concerning the order of protection did not obligate the court to make further inquiry regarding a potential defense (see People *1243 v Mayo, 130 AD3d 1099, 1100 [2015]; People v Pearson, 110 AD3d 1116, 1116-1117 [2013]; cf. People v Peterson, 124 AD3d 993, 994 [2015]). | 1 | 1 |
People v. Renaudgreen2 sentences1993In People v Renaud ( 145 AD2d 367, 369-370 [1st Dept 1988]), the Appellate Division, First Department, stated: "When confronted with a pro se motion, it is, at the very least, the obligation of the court to make further inquiry and ascertain whether the defense attorney is aware of the existence of the motion and has discussed its contents with his or her client * * * A motion, whether made by counsel or a pro se defendant, mandates a ruling or else the court must clearly state its reasons for refusing to decide the motion.” In Renaud (supra), the defendant’s attorney served written notice of 1993In People v Renaud ( 145 AD2d 367, 369-370 [1st Dept 1988]), the Appellate Division, First Department, stated: "When confronted with a pro se motion, it is, at the very least, the obligation of the court to make further inquiry and ascertain whether the defense attorney is aware of the existence of the motion and has discussed its contents with his or her client * * * A motion, whether made by counsel or a pro se defendant, mandates a ruling or else the court must clearly state its reasons for refusing to decide the motion.” In Renaud (supra), the defendant’s attorney served written notice of | 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. Porto
green
2 sentences2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). 2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). | 2 | 2014–2014 |
People v. Thompson
neutral
2 sentences2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). 2014Here, no serious complaint about counsel was raised by the defendant (see People v Porto, 16 NY3d at 100-101 ; People v Stevenson, 36 AD3d 634, 635 [2007]; People v Thompson, 32 AD3d 743 [2006]). | 2 | 2014–2014 |
People v. Jensen
neutral
1 sentence2023In any event, the record establishes that the defendant's plea was knowing, voluntary, and intelligent ( see People v Conceicao , 26 NY3d 375, 383 ; People v Jensen , 205 AD3d at 927 ). | 1 | 2023–2023 |
People v. Appling
green
1 sentence2023Nor did the fact that the defendant informed the court that he possesses only a second grade education require the court to make further inquiry, as there is nothing in the record to show that he lacked the capacity to understand the proceedings against him or that he was unable to assist in his own defense ( see People v Narbonne , 131 AD3d 626, 627 ; People v Appling , 94 AD3d 1135, 1136 ). | 1 | 2023–2023 |
People v. Narbonne
green
1 sentence2023Nor did the fact that the defendant informed the court that he possesses only a second grade education require the court to make further inquiry, as there is nothing in the record to show that he lacked the capacity to understand the proceedings against him or that he was unable to assist in his own defense ( see People v Narbonne , 131 AD3d 626, 627 ; People v Appling , 94 AD3d 1135, 1136 ). | 1 | 2023–2023 |
The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier Sanchez
green
1 sentence2023In any event, the record establishes that the defendant's plea was knowing, voluntary, and intelligent ( see People v Conceicao , 26 NY3d 375, 383 ; People v Jensen , 205 AD3d at 927 ). | 1 | 2023–2023 |
People v. Tomaino
neutral
1 sentence1990It was also incumbent on the court to advise defendant that his intoxication might serve to negate the element of intent (see, People v Zeth, 148 AD2d 960, 961 ; People v Tomaino, 134 AD2d 859 ). | 1 | 1990–1990 |
People v. Zeth
green
1 sentence1990It was also incumbent on the court to advise defendant that his intoxication might serve to negate the element of intent (see, People v Zeth, 148 AD2d 960, 961 ; People v Tomaino, 134 AD2d 859 ). | 1 | 1990–1990 |
People v. Bendross
green
1 sentence1990When defendant specifically negated an essential element of the crime, it was incumbent upon the court to make further inquiry to assure that there was an acceptable basis for entry of the plea (see, People v Bendross, 153 AD2d 75, 77 , and cases cited therein). | 1 | 1990–1990 |
People v. Beasley
green
1 sentence1989Consequently, there was no duty upon the court to make further inquiry prior to accepting defendant’s guilty plea (see, People v Lopez, 71 NY2d 662, 666 ; People v Beasley, 25 NY2d 483 ). | 1 | 1989–1989 |
People v. Farrar
green
1 sentence1989Finally, we reject defendant’s claim that the sentence imposed was unduly harsh and excessive (see, People v Farrar, 52 NY2d 302, 305 ; People v Martinez, 124 AD2d 505, 506 ). | 1 | 1989–1989 |
People v. Lopez
green
1 sentence1989Consequently, there was no duty upon the court to make further inquiry prior to accepting defendant’s guilty plea (see, People v Lopez, 71 NY2d 662, 666 ; People v Beasley, 25 NY2d 483 ). | 1 | 1989–1989 |
People v. Martinez
green
1 sentence1989Finally, we reject defendant’s claim that the sentence imposed was unduly harsh and excessive (see, People v Farrar, 52 NY2d 302, 305 ; People v Martinez, 124 AD2d 505, 506 ). | 1 | 1989–1989 |
People v. Brockway
green
1 sentence1986Therefore, County Court properly exercised its discretion in summarily denying defendant’s motion to withdraw his plea (cf. People v Brockway, 88 AD2d 1039), since there was no adequate basis for the withdrawal motion (see, People v Johnson, supra). | 1 | 1986–1986 |
People v. Johnson
green
1 sentence1986Therefore, County Court properly exercised its discretion in summarily denying defendant’s motion to withdraw his plea (cf. People v Brockway, 88 AD2d 1039), since there was no adequate basis for the withdrawal motion (see, People v Johnson, supra). | 1 | 1986–1986 |
People v. . Persce
green
1 sentence1979Not only was there a question as to whether the gun was loaded but, according to defendant’s statement of the facts to the writer of the presentence report, his possession of it was innocent and temporary, which, if true, would not constitute a crime (People v Persce, 204 NY 397, 402 ; People v Curinaj, 65 AD2d 705 ; People v Messado, 49 AD2d 560 ). | 1 | 1979–1979 |
People v. Serrano
green
1 sentence1979Defendant’s statement to the court that he did not know whether the gun was loaded should have led the court to make further inquiry into the facts (People v Selikoff, 35 NY2d 227 ; People v Nixon, 21 NY2d 338 ; People v Serrano, 15 NY2d 304, 308 ). | 1 | 1979–1979 |
People v. Nixon
green
1 sentence1979Defendant’s statement to the court that he did not know whether the gun was loaded should have led the court to make further inquiry into the facts (People v Selikoff, 35 NY2d 227 ; People v Nixon, 21 NY2d 338 ; People v Serrano, 15 NY2d 304, 308 ). | 1 | 1979–1979 |
People v. Selikoff
green
1 sentence1979Defendant’s statement to the court that he did not know whether the gun was loaded should have led the court to make further inquiry into the facts (People v Selikoff, 35 NY2d 227 ; People v Nixon, 21 NY2d 338 ; People v Serrano, 15 NY2d 304, 308 ). | 1 | 1979–1979 |
People v. Messado
green
1 sentence1979Not only was there a question as to whether the gun was loaded but, according to defendant’s statement of the facts to the writer of the presentence report, his possession of it was innocent and temporary, which, if true, would not constitute a crime (People v Persce, 204 NY 397, 402 ; People v Curinaj, 65 AD2d 705 ; People v Messado, 49 AD2d 560 ). | 1 | 1979–1979 |
People v. Curinaj
green
1 sentence1979Not only was there a question as to whether the gun was loaded but, according to defendant’s statement of the facts to the writer of the presentence report, his possession of it was innocent and temporary, which, if true, would not constitute a crime (People v Persce, 204 NY 397, 402 ; People v Curinaj, 65 AD2d 705 ; People v Messado, 49 AD2d 560 ). | 1 | 1979–1979 |
People v. Butts
neutral
1 sentence1975Nor did his mental and drug-use history require the court to make further inquiry or require a report before sentence (see People v Butts, 32 NY2d 946 ; People v Carter, 31 NY2d 964, 965 ). | 1 | 1975–1975 |
People v. Carter
neutral
1 sentence1975Nor did his mental and drug-use history require the court to make further inquiry or require a report before sentence (see People v Butts, 32 NY2d 946 ; People v Carter, 31 NY2d 964, 965 ). | 1 | 1975–1975 |
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.