17 Cited authorities

  1. O'Sullivan v. Boerckel

    526 U.S. 838 (1999)   Cited 17,784 times   12 Legal Analyses
    Holding that, to ensure exhaustion a petitioner must present their claims throughout "one complete round of the State's established appellate review process."
  2. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 3,276 times   14 Legal Analyses
    Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "
  3. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,682 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  4. People v. Thomas

    50 N.Y.2d 467 (N.Y. 1980)   Cited 468 times
    Reversing Appellate Division
  5. People v. Baker

    2010 N.Y. Slip Op. 2437 (N.Y. 2010)   Cited 145 times
    Finding that precedents applying Sixth Amendment principles “have no bearing” on exclusion of potential witness
  6. People v. McManus

    67 N.Y.2d 541 (N.Y. 1986)   Cited 217 times   1 Legal Analyses
    Explaining that a justification defense may be asserted against a charge of depraved indifference murder
  7. People v. Harris

    2012 N.Y. Slip Op. 6990 (N.Y. 2012)   Cited 73 times

    2012-10-18 The PEOPLE of the State of New York, Respondent, v. Calvin L. HARRIS, Appellant. Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Brian Shiffrin of counsel), for appellant. Gerald A. Keene, District Attorney, Owego, for respondent. PIGOTT Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Brian Shiffrin of counsel), for appellant. Gerald A. Keene, District Attorney, Owego, for respondent. OPINION OF THE COURT PIGOTT, J. Michele Harris, mother

  8. People v. De Jesus

    42 N.Y.2d 519 (N.Y. 1977)   Cited 191 times
    In DeJesus, the New York Court of Appeals had held that a trial judge's excessive intervention had denied a criminal defendant of a fair trial.
  9. People v. Autry

    75 N.Y.2d 836 (N.Y. 1990)   Cited 127 times

    Argued January 10, 1990 Decided February 13, 1990 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Eugene Nardelli, J. Francis A. Brady, III, and Philip L. Weinstein for appellants in the first and second above-entitled actions. Francis A. Brady, III, Philip L. Weinstein and Sara Bennett for appellant in the third above-entitled action. John J. Santucci, District Attorney, Queens County (Seymour Roth of counsel), for appellant in the fourth above-entitled

  10. In the Matter of Gravlin v. Ruppert

    98 N.Y.2d 1 (N.Y. 2002)   Cited 87 times

    53 Decided May 7, 2002. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered July 5, 2001, which modified, on the law, and, as modified, affirmed an order of the Family Court, Albany County (Gerard E. Maney, J.), denying objections filed by both parties to an order of a Hearing Examiner (John J. Rilley, H.E.), which, among other things, granted an application by petitioner to modify the child support