· 11/28/2005
People v. Moutray
Citations
- 23 A.D.3d 676
- 804 N.Y.S.2d 271
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Rule 11 protections do not apply in probation revocation hearings
- holding only that Boykin and Rule 11 protections do not apply to probation revocation hearings without engaging in totality of circumstances argument, as defendant did not argue plea was unintelligent and unknowing
- “The more difficult question is whether Boykin safeguards apply at this stage.... [W]e believe a reasoned answer must be no.”
- Rule 11 and the full panoply of safeguards under Boykin v. Alabama, 395 U.S. 238 (1969), do not apply to revocations of probation
- “a federal term cannot begin 24 until a prisoner has been received by federal authorities.”
- prison disciplinary proceedings command the least amount of due 18 process along the prosecution continuum
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.