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8 New York opinions name it 1 courts 2017–2020 0 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. Lopezgreen2 sentences2017Although the prosecutor stated during the plea proceeding that a waiver of the right to appeal was a part of the plea agreement, County Court did not engage in any colloquy with defendant concerning the waiver of the right to appeal and thus failed to ensure that there was a knowing, intelligent and voluntary waiver of that right (see generally People v Lopez, 6 NY3d 248, 257 [2006]). 2017Although the prosecutor stated during the plea proceeding that a waiver of the right to appeal was a part of the plea agreement, County Court did not engage in any colloquy with defendant concerning the waiver of the right to appeal and thus failed to ensure that there was a knowing, intelligent and voluntary waiver of that right (see generally People v Lopez, 6 NY3d 248, 257 [2006]). | 6 | 7 |
People v. Tortoricigreen1 sentence2018Furthermore, at no point during the plea proceeding did defense counsel, "who was in the best position to assess defendant's capacity," raise the issue of defendant's fitness to proceed or request a CPL 730.30 examination ( People v Gelikkaya , 84 NY2d at 460 ; see People v Tortorici , 92 NY2d at 767 ; People v Ferrer , 16 AD3d 913, 914 [2005], lv denied 5 NY3d 788 [2005]). | 1 | 1 |
People v. Ferrergreen1 sentence2018Furthermore, at no point during the plea proceeding did defense counsel, "who was in the best position to assess defendant's capacity," raise the issue of defendant's fitness to proceed or request a CPL 730.30 examination ( People v Gelikkaya , 84 NY2d at 460 ; see People v Tortorici , 92 NY2d at 767 ; People v Ferrer , 16 AD3d 913, 914 [2005], lv denied 5 NY3d 788 [2005]). | 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 |
|---|---|---|
Millan-Rodriguez v. Barr
neutral
2 sentences2020During the plea colloquy, County Court distinguished the right to appeal as separate and distinct from the other trial-related rights automatically forfeited by a guilty plea ( see People v Lopez , 6 NY3d 248, 256-257 [2006]; People v Danielson , 170 AD3d 1430 , 1431 [2019], lv denied 33 NY3d 1030 [2019], cert denied ___ US ___, 140 S Ct 486 [2019]; People v Tucker , 164 AD3d 948 , 949 [2018]). 2020During the plea colloquy, County Court distinguished the right to appeal as separate and distinct from the other trial-related rights automatically forfeited by a guilty plea ( see People v Lopez , 6 NY3d 248, 256-257 [2006]; People v Danielson , 170 AD3d 1430 , 1431 [2019], lv denied 33 NY3d 1030 [2019], cert denied ___ US ___, 140 S Ct 486 [2019]; People v Tucker , 164 AD3d 948 , 949 [2018]). | 2 | 2020–2020 |
People v. Thomas
green
2 sentences2020He was advised at the outset of the plea proceeding that the waiver of his right to appeal was a condition of the plea agreement, and defendant indicated his understanding of this condition and that he had no questions ( see People v Cannelli , 173 AD3d 1567 , 1567-1568 [2019]; People v Vanalst , 171 AD3d 1349 , 1350 [2019], lv denied 33 NY3d 1109 [2019]; People v Cherry , 166 AD3d 1220 , 1221 [2018]). 2020The record reflects that defendant was advised at the outset of the plea proceeding that the waiver of his right to appeal was a condition of the plea agreement, and defendant indicated his understanding of this condition and that he had no questions ( see People v Cannelli , 173 AD3d 1567 , 1567-1568 [2019]; People v Vanalst , 171 AD3d 1349 , 1350 [2019], lv denied 33 NY3d 1109 [2019]; People v Cherry , 166 AD3d 1220 , 1221 [2018]). | 2 | 2020–2020 |
People v. Figueroa
green
1 sentence2018Furthermore, at no point during the plea proceeding did defense counsel, "who was in the best position to assess defendant's capacity," raise the issue of defendant's fitness to proceed or request a CPL 730.30 examination ( People v Gelikkaya , 84 NY2d at 460 ; see People v Tortorici , 92 NY2d at 767 ; People v Ferrer , 16 AD3d 913, 914 [2005], lv denied 5 NY3d 788 [2005]). | 1 | 2018–2018 |
People v. Gelikkaya
green
1 sentence2018Furthermore, at no point during the plea proceeding did defense counsel, "who was in the best position to assess defendant's capacity," raise the issue of defendant's fitness to proceed or request a CPL 730.30 examination ( People v Gelikkaya , 84 NY2d at 460 ; see People v Tortorici , 92 NY2d at 767 ; People v Ferrer , 16 AD3d 913, 914 [2005], lv denied 5 NY3d 788 [2005]). | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.