Legal Opinion

People v. De Shields

New York Supreme Court

Decided September 29, 1982PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Rena K. Uviller, J.

This motion challenging defendant’s predicate felon status poses another and still unresolved facet of a recurrent question: Whether the failure to accord an eligible defendant an express determination of his youthful offender status nullifies the conviction for purposes of calculating his subsequent predicate felony status. (CPL 400.21, subd 7.) Also at issue here are the elusive standards for assessing attorney competence in the plea negotiation process, especially when a youth is concerned. What are the respective duties of court and counsel in…

2Cases cited18 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. People v. BaldiNew York Court of Appeals · 1981
  4. Kent v. United StatesSupreme Court of the United States · 1966
  5. People v. AikenNew York Court of Appeals · 1978

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

3Cited by4 opinions

  1. People v. VegaAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. HurdNew York Supreme Court · 1983
  3. People v. AndersonNew York Supreme Court · 1982
  4. People v. EdmeeAppellate Division of the Supreme Court of the State of New York · 2020

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