14 Cited authorities

  1. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,232 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review
  2. People v. Carncross

    2010 N.Y. Slip Op. 2435 (N.Y. 2010)   Cited 145 times
    Finding defendant's claim that the evidence was legally insufficient to prove that he acted with the requisite mens rea to be unpreserved because he failed to argue it with particularity in his motion at trial
  3. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 237 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).
  4. People v. Gomberg

    38 N.Y.2d 307 (N.Y. 1975)   Cited 290 times   1 Legal Analyses
    In Gomberg we required only that the court be "satisfied" that the waiver was informed (38 NY2d at 313); the actual task of informing the defendant as to the conflict, we indicated, was the ethical and representational obligation of counsel (id. at 314).
  5. People v. Konstantinides

    2009 N.Y. Slip Op. 9311 (N.Y. 2009)   Cited 70 times
    In Konstantinides, a witness specifically claimed that a defense lawyer asked her to lie (14 N.Y.3d at 6, 896 N.Y.S.2d 284, 923 N.E.2d 567); in Fulton, a witness had told prosecutors “that he had once imported heroin for Pulton's trial counsel” (5 F.3d at 606).
  6. People v. McDonald

    68 N.Y.2d 1 (N.Y. 1986)   Cited 118 times
    Representing defendant and victim
  7. People v. Fisher

    2012 N.Y. Slip Op. 2416 (N.Y. 2012)   Cited 49 times

    2012-04-3 The PEOPLE of the State of New York, Respondent, v. Aaron Richard FISHER, Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The

  8. People v. Clairborne

    29 N.Y.2d 950 (N.Y. 1972)   Cited 127 times

    Argued January 6, 1972 Decided January 14, 1972 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWIN M. O'GORMAN, J. Jerome S. Cohen, Acting District Attorney ( Lawrence X. Kennedy of counsel), for appellant. Max Levinson for respondent. Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim. Pro., § 543-b; CPL 470.40, subd. 2, par. [b]). The offer of a plea was based on the understanding

  9. Matter of Haggerty v. Himelein

    89 N.Y.2d 431 (N.Y. 1997)   Cited 56 times

    Argued January 8, 1997 Decided February 6, 1997 APPEALS, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 31, 1996, which, in a proceeding pursuant to CPLR article 78, granted the petition to the extent of prohibiting Larry M. Himelein, as Cattaraugus County Court Judge, and Michael P. Nevins, as Cattaraugus County District Attorney, from proceeding with the trial of indictment No. 95-168, and prohibiting

  10. People v. Leahy

    72 N.Y.2d 510 (N.Y. 1988)   Cited 28 times
    In People v Leahy (72 NY2d 510 [1998]), we stated that the Legislature designed this statute "narrowly by its terms and by its purpose to fill emergency gaps in an elected prosecutorial official's responsibility" (id. at 513).