Legal Opinion

People v. Thompson

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

Decided May 23, 1988PublishedCited by 15 opinions

1Opinion of the Court

The defendant claims that the court erred in adjudicating him a second felony offender based upon his 1971 plea of guilty to burglary in Muscogee County, Georgia. We disagree.

The defendant at the second felony offender hearing controverted the predicate statement and denied that he had been duly convicted of burglary in Georgia. The basis for this denial was that he had not been advised of his constitutional rights (see, Boykin v Alabama, 395 US 238) at the time he pleaded guilty and that there was no showing that he had admitted to each and every element of burglary as defined under New York…

2Cases cited22 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Carnley v. CochranSupreme Court of the United States · 1962
  5. People v. HarrisNew York Court of Appeals · 1983

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3Cited by15 opinions

  1. People v. RamosAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. PolancoAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. ToliverAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. SampsonAppellate Division of the Supreme Court of the State of New York · 1989

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

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