Legal Opinion

People v. Van Dyne

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 2004PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Pine, J.

On appeal from a judgment convicting him, upon a plea of guilty, of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]), defendant contends, inter alia, that reversal is required because his plea lacked statutory authorization. For the reasons that follow, we agree and conclude that the judgment should be reversed.

*122II

Defendant was indicted by the grand jury for charges relating to a murder that occurred during the commission of a robbery. Following his indictment, the People filed a notice of intent to seek the death penalty ([hereafter, notice of intent];…

2Cases cited22 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. Patterson v. New YorkSupreme Court of the United States · 1977
  3. People v. SeabergNew York Court of Appeals · 1989
  4. United States v. JacksonSupreme Court of the United States · 1968
  5. People v. CallahanNew York Court of Appeals · 1992

17 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. DoeAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. DoeAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. HandleyAppellate Division of the Supreme Court of the State of New York · 2007
  4. PeoplevDoeAppellate Division of the Supreme Court of the State of New York · 2014

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