§Why CasetextPricing

The People, Respondent,v.Vilma Bautista, Appellant.

Brief

17 Cited authorities

  1. Strickler v. Greene

    527 U.S. 263 (1999)   Cited 6,380 times   20 Legal Analyses
    Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed

  2. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,302 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  3. People v. Galloway

    54 N.Y.2d 396 (N.Y. 1981)   Cited 1,426 times
    Agreeing that reversal of a conviction "'is properly shunned when the [prosecutorial] misconduct has not substantially prejudiced a defendant's trial'"

  4. People v. Ashwal

    39 N.Y.2d 105 (N.Y. 1976)   Cited 1,144 times   2 Legal Analyses
    In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."

  5. People v. Halm

    81 N.Y.2d 819 (N.Y. 1993)   Cited 269 times   1 Legal Analyses

    Argued January 8, 1993 Decided February 23, 1993 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William A. Danaher, Jr., J. Henry J. Halm, New York City, appellant pro se. James T. Hayden, District Attorney of Chemung County, Elmira, for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Defendant was convicted on five counts of sodomy in the third degree and three counts of endangering the welfare of a child. The convictions

  6. People v. Ennis

    2008 N.Y. Slip Op. 9007 (N.Y. 2008)   Cited 165 times
    In People v. Ennis, 11 N.Y. 3d 403, 410 [2008J, the Court recognized the general context in which conflict claims arise, stating "To date, our conflict of interest cases have generally fallen into one of two categories: cases where a potential conflict of interest was identified based on defense counsel's previous or concurrent representation of a client whose interests conflicted with those of defendant and cases where defense counsel became a witness against defendant" (internal citations omitted).

  7. People v. Fuentes

    2009 N.Y. Slip Op. 2646 (N.Y. 2009)   Cited 157 times
    Applying the "reasonable probability" standard to a Brady violation in certain circumstances

  8. People v. LaValle

    3 N.Y.3d 88 (N.Y. 2004)   Cited 176 times   4 Legal Analyses
    Invalidating mandatory requirement to instruct the jury that, in the case of jury deadlock as to the appropriate sentence in a capital case, the defendant would receive a sentence of life imprisonment with parole eligibility after serving a minimum of 20 to 25 years

  9. People v. Doshi

    93 N.Y.2d 499 (N.Y. 1999)   Cited 97 times   2 Legal Analyses

    Argued April 28, 1999 Decided June 10, 1999 Norman A. Olch, for appellant. Donald H. Zuckerman, for respondent. CIPARICK, J.: Defendant was convicted, after a jury trial, of a total of 21 counts of criminal sale of a controlled substance, criminal sale of a prescription for a controlled substance, criminal possession of a controlled substance and failure to label a prescription drug. The convictions under four of those counts were subsequently vacated, due to an erroneous jury charge. The primary

  10. People v. McCray

    2014 N.Y. Slip Op. 2970 (N.Y. 2014)   Cited 57 times
    Reviewing "whether the trial court abused its discretion in finding defendant's interest in obtaining the records to be outweighed by the complainant's interest in confidentiality," with the defendant's interest "outweighed only if there was no reasonable possibility that the withheld materials would lead to his acquittal"