The People v. Kenneth Moore
Cases that cite this one
14 later published cases cite this decision.
- People v. Mones (Appellate Division of the Supreme Court of New York 2015)
- People v. Moronta (Miguel) (Appellate Terms of the Supreme Court of New York 2023)
- People v. Rivera (William) (Appellate Terms of the Supreme Court of New York 2020)
- People v. Wilson (Tiara) (Appellate Terms of the Supreme Court of New York 2020)
- People v. Gonzalez (Nelson) (Appellate Terms of the Supreme Court of New York 2018)
- People v. Cabrera (Ronny) (Appellate Terms of the Supreme Court of New York 2017)
- People v. Sanchez (Edwyn) (Appellate Terms of the Supreme Court of New York 2017)
- People v. Douglas (Brandon) (Appellate Terms of the Supreme Court of New York 2016)
- People v. Shelley (Damon) (Appellate Terms of the Supreme Court of New York 2016)
- People v. Coleman (Appellate Division of the Supreme Court of New York 2016)
- People v. Klinger (Appellate Division of the Supreme Court of New York 2015)
- People v. Klinger (Appellate Division of the Supreme Court of New York 2015)
- People v. Isaiah S. (Appellate Division of the Supreme Court of New York 2015)
- People v. Isaiah S. (Appellate Division of the Supreme Court of New York 2015)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Term should be reversed, defendant’s guilty plea vacated and the accusatory instrument dismissed. Defendant was charged with four counts of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). At arraignment, there was a brief discussion between defense counsel, the assistant district attorney and the court concerning the terms of a disposition, which then lead to defendant’s plea and sentencing on the controlled substance counts. The court did not address defendant and defendant did not speak; nor was defendant advised of any constitutional rights he was waiving. Defendant now claims his constitutional rights were violated because the record fails to establish his plea was knowing, voluntary and intelligent.
In People v Tyrell, we held that “[p]resuming waiver from a silent record is impermissible. The record must show, or there *1032 must be an allegation and evidence which show, that an accused intelligently and understandingly rejected his constitutional rights. Anything less is not waiver” (22 NY3d 359, 365-366 [2013] [citation and internal quotation marks omitted]). The People concede that under Tyrell defendant’s plea must be vacated and, as defendant has completed his sentence, remittal is unnecessary (see id. at 366).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, plea vacated and the accusatory instrument dismissed, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.