Legal Opinion
People v. Davis
New York Supreme Court
Decided September 26, 1986PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Norman C. Ryp, J.
A. ISSUE
Whether omission of an essential element (force) of a felony *607(robbery in the second degree — Penal Law § 160.10) by defendant, represented by counsel, and the court during the factual allocution of a guilty plea to a prior felony conviction is legally sufficient as the constitutional basis for a predicate felony sentence? An issue of first impression in the First Department.
B. PROCEDURAL HISTORY
On November 30, 1983, defendant, Pierre Davis (Davis), was indicted for grand larceny in the third degree (Penal Law § 155.30 [5]). Davis was tried before…
2Cases cited21 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- North Carolina v. AlfordSupreme Court of the United States · 1970
- People v. HarrisNew York Court of Appeals · 1983
- Henderson v. MorganSupreme Court of the United States · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1987