hearing or further inquiry (New York) · Go Syfert
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hearing or further inquiry in New York

6 New York opinions name it 1 courts 1991–2025 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.

Followed or applied (3)

CaseFollowedCited
People v. Evansgreen
ny · 2011 · cited in 2 New York opinions naming this issue, 2022–2025
2 sentences

2025The defendant's contention that his attorney rendered ineffective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and [*2]thus, constitutes a "mixed claim" of ineffective assistance ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

2022The defendant's contention that his attorney rendered ineffective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus, constitutes a "mixed claim" of ineffective assistance ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

22
People v. Outleygreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Thus, defendant's claim is unpreserved ( see People v Adams , 165 AD3d 1343 , 1345 [2018]; People v Smith , 162 AD3d 1408 , 1409 [2018]; cf. People v Outley , 80 NY2d 702, 707, 713 [1993]; People v Blanford , 179 AD3d 1388, 1392-1393 [2020], lv denied 35 NY3d 968 [2020]).

11
People v. Blanfordgreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Thus, defendant's claim is unpreserved ( see People v Adams , 165 AD3d 1343 , 1345 [2018]; People v Smith , 162 AD3d 1408 , 1409 [2018]; cf. People v Outley , 80 NY2d 702, 707, 713 [1993]; People v Blanford , 179 AD3d 1388, 1392-1393 [2020], lv denied 35 NY3d 968 [2020]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
People v. Maxwell green
nyappdiv · 2011
2 sentences

2025The defendant's contention that his attorney rendered ineffective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and [*2]thus, constitutes a "mixed claim" of ineffective assistance ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

2022The defendant's contention that his attorney rendered ineffective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus, constitutes a "mixed claim" of ineffective assistance ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

22022–2025
People v. Roberts green
nyappdiv · 2022
1 sentence

2025The defendant's unsupported postplea assertions that he was innocent contradicted the admissions he made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Roberts , 210 AD3d at 1015 ; People v Casiano , 210 AD3d 692, 693 ).

12025–2025
People v. Casiano neutral
nyappdiv · 2022
1 sentence

2025The defendant's unsupported postplea assertions that he was innocent contradicted the admissions he made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Roberts , 210 AD3d at 1015 ; People v Casiano , 210 AD3d 692, 693 ).

12025–2025
People v. Butler neutral
nyappdiv · 2021
1 sentence

2022The defendant's unsupported postplea assertions that he was innocent and was coerced into entering a plea of guilty contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Dixon , 29 NY2d 55, 56 ; People v Butler , 193 AD3d 876, 876 ; People v Walters , 183 AD3d 765, 766 ; People v [*2]Lopez-Hilario , 178 AD3d 1078 , 1078-1079).

12022–2022
People v. Dixon green
ny · 1971
1 sentence

2022The defendant's unsupported postplea assertions that he was innocent and was coerced into entering a plea of guilty contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Dixon , 29 NY2d 55, 56 ; People v Butler , 193 AD3d 876, 876 ; People v Walters , 183 AD3d 765, 766 ; People v [*2]Lopez-Hilario , 178 AD3d 1078 , 1078-1079).

12022–2022
People v. Santos green
nyappdiv · 2020
1 sentence

2022The defendant's unsupported postplea assertions that he was innocent and was coerced into entering a plea of guilty contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Dixon , 29 NY2d 55, 56 ; People v Butler , 193 AD3d 876, 876 ; People v Walters , 183 AD3d 765, 766 ; People v [*2]Lopez-Hilario , 178 AD3d 1078 , 1078-1079).

12022–2022
People v. Nelson neutral
nyappdiv · 2017
1 sentence

2019Further, the defendant's postplea assertions of innocence contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Stephensbush , 172 AD3d 1108 , 1109; People v Rodriguez , 154 AD3d 968, 969 ; People v Smith , 148 AD3d 939, 940 ).

12019–2019
People v. Smith green
nyappdiv · 2017
1 sentence

2019Further, the defendant's postplea assertions of innocence contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court ( see People v Stephensbush , 172 AD3d 1108 , 1109; People v Rodriguez , 154 AD3d 968, 969 ; People v Smith , 148 AD3d 939, 940 ).

12019–2019
People v. Carpenter green
nyappdiv · 2004
1 sentence

2006However, although defendant asserted his innocence of the charge underlying his new arrest, he neither requested a hearing or further inquiry, nor moved to withdraw his plea (see People v Carrillo, 2 AD3d 260 [2003], lv denied 2 NY3d 797 [2004]; People v Battle, 287 AD2d 361 [2001], lv denied 97 NY2d 751 [2002]).

12006–2006
Gerber v. West Hempstead Convenience, Inc. neutral
nyappdiv · 2003
1 sentence

2006However, although defendant asserted his innocence of the charge underlying his new arrest, he neither requested a hearing or further inquiry, nor moved to withdraw his plea (see People v Carrillo, 2 AD3d 260 [2003], lv denied 2 NY3d 797 [2004]; People v Battle, 287 AD2d 361 [2001], lv denied 97 NY2d 751 [2002]).

12006–2006
People v. Battle neutral
nyappdiv · 2001
1 sentence

2006However, although defendant asserted his innocence of the charge underlying his new arrest, he neither requested a hearing or further inquiry, nor moved to withdraw his plea (see People v Carrillo, 2 AD3d 260 [2003], lv denied 2 NY3d 797 [2004]; People v Battle, 287 AD2d 361 [2001], lv denied 97 NY2d 751 [2002]).

12006–2006
People v. Sides green
ny · 1990
1 sentence

1991The record, however, reveals that the motions made no allegations which indicated the existence of a serious possibility of an irreconcilable conflict and that further inquiry was therefore not required (see, People v Sides, 75 NY2d 822 ).

11991–1991

Where else courts name it

NY 6 (1991–2025) KY 2 (2024–2024)

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.

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