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7 New York opinions name it 1 courts 2000–2024 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. Mitchellgreen2 sentences2014Defendant’s assertion that County Court failed to make an adequate inquiry into whether he violated the conditions of his plea lacks merit; the court conducted an adequate inquiry in which defendant was given an opportunity to explain his discharge from treatment and his failure to appear for the presentence investigation interview, and he admitted violating the plea conditions (see People v Mitchell, 112 AD3d 992, 993-994 [2013]). 2014Defendant’s assertion that County Court failed to make an adequate inquiry into whether he violated the conditions of his plea lacks merit; the court conducted an adequate inquiry in which defendant was given an opportunity to explain his discharge from treatment and his failure to appear for the presentence investigation interview, and he admitted violating the plea conditions (see People v Mitchell, 112 AD3d 992, 993-994 [2013]). | 2 | 2 |
People v. Smithgreen2 sentences2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). 2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). | 2 | 2 |
People v. Pizarrogreen1 sentence2024The court conducted an adequate inquiry ( see People v Buford , 69 NY2d 290, 299 [1987]), and the record supports the court's determination that there was no juror misconduct, but only a misunderstanding between two jurors, one of whom had misinterpreted comments by the other as suggesting that the latter had conducted outside research of defendant ( see People v Pizarro , 24 AD3d 309, 312 [1st Dept 2005], affd 7 NY3d 840 [2006]). | 1 | 1 |
People v. Bufordgreen1 sentence2024The court conducted an adequate inquiry ( see People v Buford , 69 NY2d 290, 299 [1987]), and the record supports the court's determination that there was no juror misconduct, but only a misunderstanding between two jurors, one of whom had misinterpreted comments by the other as suggesting that the latter had conducted outside research of defendant ( see People v Pizarro , 24 AD3d 309, 312 [1st Dept 2005], affd 7 NY3d 840 [2006]). | 1 | 1 |
People v. Linaresgreen1 sentence2017The court conducted an adequate inquiry into defendant’s request (see People v Sides, 75 NY2d 822, 824 [1990]; see also People v Linares, 2 NY3d 507, 510 [2004]). | 1 | 1 |
People v. Kolongreen1 sentence2017The record does not demonstrate any serious dispute between defendant and his retained counsel, other than an issue about payment of fees, which was satisfactorily resolved (see People v Kolon, 37 AD3d 340, 341 [1st Dept 2007], lv denied 8 NY3d 947 [2007]), and defendant’s claim of a conflict is unavailing. | 1 | 1 |
People v. Sidesgreen1 sentence2017The court conducted an adequate inquiry into defendant’s request (see People v Sides, 75 NY2d 822, 824 [1990]; see also People v Linares, 2 NY3d 507, 510 [2004]). | 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. Horne
green
2 sentences2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). 2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). | 2 | 2014–2014 |
People v. Hulett
green
2 sentences2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). 2014Although defendant’s challenge to the amount of restitution ordered also survives his waiver because the plea agreement did not specify the amount to be awarded, the issue is unpreserved due to his failure to request a hearing or challenge the amount at sentencing (see People v Horne, 97 NY2d 404 , 414 n 3 [2002]; People v Smith, 112 AD3d at 1233; People v Hulett, 106 AD3d 1330 , 1331 [2013], lv denied 22 NY3d 1139 [2014]). | 2 | 2014–2014 |
People v. Pizarro
green
1 sentence2024The court conducted an adequate inquiry ( see People v Buford , 69 NY2d 290, 299 [1987]), and the record supports the court's determination that there was no juror misconduct, but only a misunderstanding between two jurors, one of whom had misinterpreted comments by the other as suggesting that the latter had conducted outside research of defendant ( see People v Pizarro , 24 AD3d 309, 312 [1st Dept 2005], affd 7 NY3d 840 [2006]). | 1 | 2024–2024 |
People v. Santiago
green
1 sentence2021While the defendant's contentions with respect to his injury are unpreserved for appellate review, since he did not specifically address the injury on his motion to withdraw the plea ( see CPL 470.05[2]; People v Johnson , 170 AD3d 1195 , 1196), this Court has the authority to review those contentions in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; [*9]People v Santiago , 71 AD3d 703, 704 ). | 1 | 2021–2021 |
People v. Earnshaw
neutral
1 sentence2004Furthermore, the court conducted an adequate inquiry into the defendant’s unsubstantiated assertions of innocence and coercion, which were contradicted by the record and insufficient to warrant vacatur of the plea (see People v Guerrero, 307 AD2d 935 [2003]; People v Solis, 302 AD2d 542 [2003]; People v Telfair, supra; People v Eschenberg, 275 AD2d 719 [2000]; People v Earnshaw, 262 AD2d 579 [1999]). | 1 | 2004–2004 |
People v. Eschenberg
green
1 sentence2004Furthermore, the court conducted an adequate inquiry into the defendant’s unsubstantiated assertions of innocence and coercion, which were contradicted by the record and insufficient to warrant vacatur of the plea (see People v Guerrero, 307 AD2d 935 [2003]; People v Solis, 302 AD2d 542 [2003]; People v Telfair, supra; People v Eschenberg, 275 AD2d 719 [2000]; People v Earnshaw, 262 AD2d 579 [1999]). | 1 | 2004–2004 |
People v. Torres
neutral
1 sentence2004Furthermore, the court conducted an adequate inquiry into the defendant’s unsubstantiated assertions of innocence and coercion, which were contradicted by the record and insufficient to warrant vacatur of the plea (see People v Guerrero, 307 AD2d 935 [2003]; People v Solis, 302 AD2d 542 [2003]; People v Telfair, supra; People v Eschenberg, 275 AD2d 719 [2000]; People v Earnshaw, 262 AD2d 579 [1999]). | 1 | 2004–2004 |
People v. Solis
green
1 sentence2004Furthermore, the court conducted an adequate inquiry into the defendant’s unsubstantiated assertions of innocence and coercion, which were contradicted by the record and insufficient to warrant vacatur of the plea (see People v Guerrero, 307 AD2d 935 [2003]; People v Solis, 302 AD2d 542 [2003]; People v Telfair, supra; People v Eschenberg, 275 AD2d 719 [2000]; People v Earnshaw, 262 AD2d 579 [1999]). | 1 | 2004–2004 |
People v. Guerrero
green
1 sentence2004Furthermore, the court conducted an adequate inquiry into the defendant’s unsubstantiated assertions of innocence and coercion, which were contradicted by the record and insufficient to warrant vacatur of the plea (see People v Guerrero, 307 AD2d 935 [2003]; People v Solis, 302 AD2d 542 [2003]; People v Telfair, supra; People v Eschenberg, 275 AD2d 719 [2000]; People v Earnshaw, 262 AD2d 579 [1999]). | 1 | 2004–2004 |
People v. McIntyre
green
1 sentence2000Further, the application was made after five of the People’s seven witnesses had testified, and defendant did not establish “compelling circumstances” warranting a mid-trial change of status (People v McIntyre, 36 NY2d 10, 17 ). | 1 | 2000–2000 |
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.