13 Cited authorities

  1. People v. Allweiss

    48 N.Y.2d 40 (N.Y. 1979)   Cited 443 times   1 Legal Analyses
    In People v. Allweiss, 396 N.E.2d 735 (N.Y. 1979), the defendant appealed his conviction for second degree murder, arguing, among other things, that results of microscopic hair analysis are no more reliable than lie detector evidence and should be inadmissible.
  2. Mazella v. Beals

    2016 N.Y. Slip Op. 5182 (N.Y. 2016)   Cited 149 times
    In Mazella v. Beals, 27 N.Y.3d 694, 710, 37 N.Y.S.3d 46, 57 N.E.3d 1083 (2016), the court determined that it had been harmful error for the trial court to have allowed into evidence a consent order somewhat analogous to the consent order at issue here.
  3. People v. Dawson

    50 N.Y.2d 311 (N.Y. 1980)   Cited 336 times   1 Legal Analyses
    In Dawson, the New York Court of Appeals agreed with the general principal that, absent a specific law, a citizen ordinarily has no legal obligation to volunteer exculpatory information to law enforcement authorities.
  4. People v. Conyers

    52 N.Y.2d 454 (N.Y. 1981)   Cited 163 times
    In People v. Conyers, 52 N.Y.2d 454, 438 N.Y.S.2d 741, 420 N.E.2d 933 (1981), we extended that principle and held that, absent circumstances not present in that case, “our State rules of evidence preclude the use of a defendant's pretrial silence to impeach his trial testimony” (id. at 457, 438 N.Y.S.2d 741, 420 N.E.2d 933).
  5. People v. Powell

    2016 N.Y. Slip Op. 2555 (N.Y. 2016)   Cited 47 times

    04-05-2016 The PEOPLE of the State of New York, Respondent, v. Reginald POWELL, Appellant. The Legal Aid Society of Westchester County, White Plains (Salvatore A. Gaetani and Clare J. Degnan of counsel), for appellant. Janet DiFiore, District Attorney, White Plains (Maria I. Wager, Laurie G. Sapakoff and Steven A. Bender of counsel), for respondent. GARCIA, J. The Legal Aid Society of Westchester County, White Plains (Salvatore A. Gaetani and Clare J. Degnan of counsel), for appellant. Janet DiFiore

  6. People v. Von Werne

    41 N.Y.2d 584 (N.Y. 1977)   Cited 97 times
    Holding defendant's exercise of his constitutional right not to incriminate himself may not be used against him by the prosecution
  7. People v. Knight

    80 N.Y.2d 845 (N.Y. 1992)   Cited 44 times

    Argued June 1, 1992 Decided July 1, 1992 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Donals Grajales, J. Steven M. Statsinger and Philip L. Weinstein for appellant. Charles J. Hynes, District Attorney (Amy S. Griffin and Jay M. Cohen of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Having been charged with participating in a gunpoint robbery, defendant claimed that he had been mistakenly identified and

  8. People v. Bradley

    2012 N.Y. Slip Op. 7858 (N.Y. 2012)   Cited 17 times

    2012-11-20 The PEOPLE of the State of New York, Respondent, v. Dale BRADLEY, Appellant. Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of counsel), for appellant. Sandra Doorley, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of counsel), for appellant. Sandra Doorley, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent. OPINION OF THE COURT Chief Judge LIPPMAN

  9. People v. Sayers

    64 A.D.3d 728 (N.Y. App. Div. 2009)   Cited 19 times
    Holding that an improper cautionary instruction given without objection that misled the jury into believing it could consider the uncharged crime on propensity required reversal
  10. People v. Murphy

    51 A.D.3d 1057 (N.Y. App. Div. 2008)   Cited 15 times

    No. 100979. May 1, 2008. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 12, 2006, upon a verdict convicting defendant of the crime of murder in the second degree. Mitchell S. Kessler, Cohoes, for appellant. P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent. Before: Carpinello, Rose, Malone Jr. and Stein, JJ. Cardona, P.J. Defendant was arrested for allegedly stabbing another person. He was advised of his Miranda