8 New York opinions name it 3 courts 1983–2023 2 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. Tyrellgreen2 sentences2020Although the Court of Appeals in Tyrell vacated a guilty plea based on an unpreserved Boykin claim, the defendant in that case was sentenced immediately following his plea and thus did not have an opportunity to move to withdraw his plea ( see Tyrell , 22 NY3d at 364 ; see also Conceicao , 26 NY3d at 382 ). 2017As an alternative holding, we find that the record establishes that the plea was knowing, intelligent and voluntary (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]), notwithstanding the claimed deficiencies in the Boykin warnings (see e.g. | 2 | 3 |
The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier Sanchezgreen2 sentences2023Thus, a challenge to the validity of a plea, whether based on the court's failure to mention the Boykin rights or some other alleged defect in the allocution, must be preserved depending on the facts of each case' " ( People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018] [ellipsis and brackets omitted], quoting People v Conceicao , 26 NY3d 375, 382 [2015]). 2020Although the Court of Appeals in Tyrell vacated a guilty plea based on an unpreserved Boykin claim, the defendant in that case was sentenced immediately following his plea and thus did not have an opportunity to move to withdraw his plea ( see Tyrell , 22 NY3d at 364 ; see also Conceicao , 26 NY3d at 382 ). | 2 | 2 |
People v. Howardgreen1 sentence2022"A plea need not be invalidated simply because the trial judge failed to enumerate all the constitutional rights being waived by a guilty plea" ( People v Edwards , 181 AD3d 1054, 1056 [2020] [citation omitted], lvs denied 35 NY3d 1026 , 1029 [2020] [citation omitted]; see People v Howard , 190 AD3d at 1109 ). | 1 | 1 |
People v. Edwardsgreen1 sentence2022"A plea need not be invalidated simply because the trial judge failed to enumerate all the constitutional rights being waived by a guilty plea" ( People v Edwards , 181 AD3d 1054, 1056 [2020] [citation omitted], lvs denied 35 NY3d 1026 , 1029 [2020] [citation omitted]; see People v Howard , 190 AD3d at 1109 ). | 1 | 1 |
People v. Landrygreen1 sentence2020Here, in contrast, defendant was sentenced more than one month after he entered his guilty plea, thus affording him ample time to bring a motion ( see People v Landry , 132 AD3d 1351, 1352 [4th Dept 2015], lv denied 26 NY3d 1089 [2015]). | 1 | 1 |
People v. Harrisgreen2 sentences2017As an alternative holding, we find that the record establishes that the plea was knowing, intelligent and voluntary (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]), notwithstanding the claimed deficiencies in the Boykin warnings (see e.g. 2017As an alternative holding, we find that the record establishes that the plea was knowing, intelligent and voluntary (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]), notwithstanding the claimed deficiencies in the Boykin warnings (see e.g. | 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. Williams
green
2 sentences2017People v Williams, 137 AD3d 706 [1st Dept 2016], lv denied 27 NY3d 1141 [2016]). 2017People v Williams, 137 AD3d 706 [1st Dept 2016], lv denied 27 NY3d 1141 [2016]). | 1 | 2017–2017 |
People v. Tyrell
neutral
1 sentence2013The Appellate Term affirmed ( 37 Misc 3d 16 [App Term, 1st Dept 2012]), reasoning that defendant failed to preserve his Boykin claim for appellate review by not bringing a postallocution motion to withdraw the plea. | 1 | 2013–2013 |
Bomze v. Bomze
neutral
1 sentence1983Accordingly, counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf. People v Gonzalez, 47 NY2d 606 ). | 1 | 1983–1983 |
Anders v. California
green
1 sentence1983Accordingly, counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf. People v Gonzalez, 47 NY2d 606 ). | 1 | 1983–1983 |
McMann v. Richardson
green
1 sentence1983There is, accordingly, no merit in defendant’s argument that his counsel represented him ineffectively (see McMann v Richardson, 397 US 759 ). | 1 | 1983–1983 |
People v. Gonzalez
green
1 sentence1983Accordingly, counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf. People v Gonzalez, 47 NY2d 606 ). | 1 | 1983–1983 |
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.