People v. Esposito
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Constant v. Martuscello (District Court, E.D. New York 2015)
- The People v. Roni Smith The People v. Keith Fagan (N.Y. 2016)
- People v. Collier (N.Y. 2013)
- People v. Hill (N.Y. 2007)
- People v. Benard (New York Supreme Court 1995)
- People v. Amendolara (New York Supreme Court 1987)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1975)
- People v. Goss (Appellate Division of the Supreme Court of New York 2001)
- People v. Rhodes (Appellate Division of the Supreme Court of New York 1993)
- People v. Ward (Appellate Division of the Supreme Court of New York 1991)
- People v. D'Amico (New York Supreme Court 1990)
- People v. Rosenberg (Appellate Division of the Supreme Court of New York 1989)
- People v. Youngs (Appellate Division of the Supreme Court of New York 1989)
- People v. Rodriguez (New York Supreme Court 1988)
- People v. Sumner (Appellate Division of the Supreme Court of New York 1988)
- People v. Carter (New York Supreme Court 1987)
- People v. Adams (New York Supreme Court 1986)
- People v. Annunziata (Appellate Division of the Supreme Court of New York 1984)
- People v. Raffiani (Appellate Division of the Supreme Court of New York 1981)
- People v. Forrest (Criminal Court of the City of New York 1981)
- People v. McConnell (N.Y. 1980)
- People v. Smith (Appellate Division of the Supreme Court of New York 1980)
- People ex rel. Harbin v. Wilmot (New York Supreme Court 1980)
- People v. Torres (N.Y. 1978)
- People v. Gray (Appellate Division of the Supreme Court of New York 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum. The order is reversed and the case remitted to Supreme Court, New York County, with a direction to resentence defendant to a term of four years. Under the circumstances found herein, it was erroneous as a matter of law when, upon defendant’s sentencing, the court did not inform the defendant that the plea-bargaining agreement could not be kept. The court had an obligation to so advise the defendant. (Cf. People v. Granello, 18 N Y 2d 823; People v. Farina, 2 N Y 2d 454-455.) Nor did the failure of the defendant to remind the court of the agreement that was struck spell out any waiver. It is well established that in order for a waiver to be effectively given, it must be intelligently and intentionally done so (Johnson v. Zerbst, 304 U. S. 458, 464-465). The record establishes that no valid waiver was given by the defendant.
Chief Judge Fuld and Judges Burke, Breitel, Jasen. Gabrielli, Jones and Wachtler concur.
Order reversed and the case remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.