People v. Viscomi’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We reject the contention of defendant that he was denied effective assistance of counsel by the failure of his assigned counsel to support his motion to withdraw his guilty plea. An attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made. Assigned counsel did not argue in opposition to the defendant’s motion, become a witness against him, or make any statements which were adverse to him. Rather, counsel attempted to clarify the circumstances surrounding the plea proceedings. The knowing, intelligent and voluntary waiver by defendant of the right to appeal encompasses his contention that Supreme Court erred in accepting his guilty plea without first con sidering his application for new assigned counsel. In any event, defendant waived final determination of that application by pleading guilty before it was decided. Finally, we conclude that the court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea. The defendant’s belated and unsubstantiated claim of innocence, upon which his motion was based, was belied by his earlier admission of guilt during his plea of guilty[.] The additional contention of defendant that he did not understand the consequences of his plea is refuted by the record of the plea proceedings.”

   1 later decision quote this exact passage
   e.g. 438 F. Supp. 2d 163 - Viscomi v. Conway