7 New York opinions name it 1 courts 1987–2016 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. Fiumefreddogreen1 sentence2016There is no evidence in the record to substantiate his claim that he was confused about the charge against him or what he was doing or that his medi *1250 cal conditions affected his ability to make a voluntary choice and, thus, we find that his plea was knowing, voluntary and intelligent (see People v Fiumefreddo, 82 NY2d 536, 546-548 [1993]). | 1 | 1 |
People v. Khangreen1 sentence2016The decision “[w]hether to allow withdrawal of a guilty plea is left to the sound discretion of [the] [c]ourt, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement [and] [a] hearing is required only when the record presents a genuine issue of fact with respect to its voluntariness” (People v Khan, 139 AD3d at 1262 [internal quotation marks and citations omitted]; see People v Haffiz, 19 NY3d 883, 884 [2012]). | 1 | 1 |
People v. Haffizgreen1 sentence2016The decision “[w]hether to allow withdrawal of a guilty plea is left to the sound discretion of [the] [c]ourt, and will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement [and] [a] hearing is required only when the record presents a genuine issue of fact with respect to its voluntariness” (People v Khan, 139 AD3d at 1262 [internal quotation marks and citations omitted]; see People v Haffiz, 19 NY3d 883, 884 [2012]). | 1 | 1 |
People v. Ranghellegreen2 sentences1988Such an argument would completely thwart the Court of Appeals persistent and patient "efforts at careful development of a State standard which, while fair to the prosecution, accords to the defendant a degree of protection commensurate with the importance of Rosario rights.” (People v Jones, supra, 70 NY2d, at 551 ; see also, People v Ranghelle, 69 NY2d 56 , supra; People v Perez, 65 NY2d 154 ; People v Consolazio, 40 NY2d 446 .) If we remand, as the People suggest, on the slim chance that the materials are duplicative, when there is not even a basis in the record to substantiate this claim, t 1988Not only would this result in delays to defendants who will have to, in most instances, remain incarcerated pending resolution of such claims, it would also represent a significant dilution of the per se reversal rule announced in Ranghelle (supra). | 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. Baldi
green
2 sentences1988Contrary to the defendant’s assertions, we find no support in the record to substantiate his claim that he was deprived of the effective assistance of counsel (see, People v Baldi, 54 NY2d 137 ). 1987Contrary to the defendant’s assertions, we find no support in the record to substantiate his claim that he was deprived of the meaningful assistance of counsel (see, People v Baldi, 54 NY2d 137 ), nor do we find the sentence imposed to be harsh or excessive so as to warrant modification. | 2 | 1987–1988 |
People v. Sturgis
green
1 sentence1998Under these circumstances, we do not find that Forrest’s conduct rises to the level of ineffective assistance of counsel (see, People v Wiggins, 89 NY2d 872, 873 ; People v Noble, 231 AD2d 800, 801 , lv denied 89 NY2d 866 ; People v Santiago, 216 AD2d 175 , lv denied 86 NY2d 846 ; People v Sturgis, 199 AD2d 549, 550 , lvs denied 84 NY2d 833 , 83 NY2d 858 ; People v Lasher, 199 AD2d 595 , lv denied 83 NY2d 855 ). | 1 | 1998–1998 |
State v. General Electric Co.
green
1 sentence1998Under these circumstances, we do not find that Forrest’s conduct rises to the level of ineffective assistance of counsel (see, People v Wiggins, 89 NY2d 872, 873 ; People v Noble, 231 AD2d 800, 801 , lv denied 89 NY2d 866 ; People v Santiago, 216 AD2d 175 , lv denied 86 NY2d 846 ; People v Sturgis, 199 AD2d 549, 550 , lvs denied 84 NY2d 833 , 83 NY2d 858 ; People v Lasher, 199 AD2d 595 , lv denied 83 NY2d 855 ). | 1 | 1998–1998 |
People v. Santiago
green
1 sentence1998Under these circumstances, we do not find that Forrest’s conduct rises to the level of ineffective assistance of counsel (see, People v Wiggins, 89 NY2d 872, 873 ; People v Noble, 231 AD2d 800, 801 , lv denied 89 NY2d 866 ; People v Santiago, 216 AD2d 175 , lv denied 86 NY2d 846 ; People v Sturgis, 199 AD2d 549, 550 , lvs denied 84 NY2d 833 , 83 NY2d 858 ; People v Lasher, 199 AD2d 595 , lv denied 83 NY2d 855 ). | 1 | 1998–1998 |
In re the Claim of Spinelli
neutral
1 sentence1998Under these circumstances, we do not find that Forrest’s conduct rises to the level of ineffective assistance of counsel (see, People v Wiggins, 89 NY2d 872, 873 ; People v Noble, 231 AD2d 800, 801 , lv denied 89 NY2d 866 ; People v Santiago, 216 AD2d 175 , lv denied 86 NY2d 846 ; People v Sturgis, 199 AD2d 549, 550 , lvs denied 84 NY2d 833 , 83 NY2d 858 ; People v Lasher, 199 AD2d 595 , lv denied 83 NY2d 855 ). | 1 | 1998–1998 |
People v. Wiggins
green
1 sentence1998Under these circumstances, we do not find that Forrest’s conduct rises to the level of ineffective assistance of counsel (see, People v Wiggins, 89 NY2d 872, 873 ; People v Noble, 231 AD2d 800, 801 , lv denied 89 NY2d 866 ; People v Santiago, 216 AD2d 175 , lv denied 86 NY2d 846 ; People v Sturgis, 199 AD2d 549, 550 , lvs denied 84 NY2d 833 , 83 NY2d 858 ; People v Lasher, 199 AD2d 595 , lv denied 83 NY2d 855 ). | 1 | 1998–1998 |
Miller v. Loewenberg
neutral
1 sentence1993Thus, contrary to the ZBA’s contention, there is no evidence in the record to substantiate its claim that the proposed use would adversely affect the neighborhood (cf., Matter of Penny Arcade v Town Bd., 75 AD2d 620 ). | 1 | 1993–1993 |
Caselli v. City of New York
green
1 sentence1993Furthermore, even if the respondent had a copy of the police accident report, it did not contain the essential facts as contemplated by the General Municipal Law (see, Caselli v City of New York, 105 AD2d 251, 255 ). | 1 | 1993–1993 |
People v. Suitte
green
1 sentence1988Finally, given the fact that the sentencing court gave extensive consideration to the defendant’s circumstances, we conclude that the sentences imposed were neither harsh nor excessive (see, People v Suitte, 90 AD2d 80 ). | 1 | 1988–1988 |
People v. Consolazio
green
1 sentence1988Such an argument would completely thwart the Court of Appeals persistent and patient "efforts at careful development of a State standard which, while fair to the prosecution, accords to the defendant a degree of protection commensurate with the importance of Rosario rights.” (People v Jones, supra, 70 NY2d, at 551 ; see also, People v Ranghelle, 69 NY2d 56 , supra; People v Perez, 65 NY2d 154 ; People v Consolazio, 40 NY2d 446 .) If we remand, as the People suggest, on the slim chance that the materials are duplicative, when there is not even a basis in the record to substantiate this claim, t | 1 | 1988–1988 |
People v. Jones
green
1 sentence1988Such an argument would completely thwart the Court of Appeals persistent and patient "efforts at careful development of a State standard which, while fair to the prosecution, accords to the defendant a degree of protection commensurate with the importance of Rosario rights.” (People v Jones, supra, 70 NY2d, at 551 ; see also, People v Ranghelle, 69 NY2d 56 , supra; People v Perez, 65 NY2d 154 ; People v Consolazio, 40 NY2d 446 .) If we remand, as the People suggest, on the slim chance that the materials are duplicative, when there is not even a basis in the record to substantiate this claim, t | 1 | 1988–1988 |
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.