39 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 135,516 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 2,904 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review
  3. People v. Alejandro

    70 N.Y.2d 133 (N.Y. 1987)   Cited 1,126 times
    In People v. Alejandro, 70 N.Y.2d 133, 138, 517 N.Y.S.2d 927, 511 N.E.2d 71 (1987), we explained that compared with other accusatory instruments, the "distinguishing characteristic of an information" is "its use as the sole instrument upon which the defendant could be prosecuted... which prompted the Legislature to write in special restrictions applicable to informations...."
  4. Broughton v. State of N.Y

    37 N.Y.2d 451 (N.Y. 1975)   Cited 1,629 times
    Holding that "[w]henever there has been an arrest and imprisonment without a warrant, the officer has acted extrajudicially and the presumption arises that such an arrest and imprisonment are unlawful"
  5. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 472 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal
  6. People v. Bigelow

    66 N.Y.2d 417 (N.Y. 1985)   Cited 731 times   1 Legal Analyses
    In People v Bigelow (66 N.Y.2d 417), this Court declined to apply the good-faith exception to the exclusionary adopted by the Supreme Court in United States v Leon (468 U.S. 897).
  7. People v. Hobot

    84 N.Y.2d 1021 (N.Y. 1995)   Cited 357 times   1 Legal Analyses

    Argued November 30, 1994 Decided January 17, 1995 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alan D. Marrus, J. Leighton M. Jackson, Brooklyn, for appellant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ruth E. Ross, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. After a jury trial, defendant was convicted of two counts of rape in the first degree

  8. People v. Jones

    2007 N.Y. Slip Op. 9070 (N.Y. 2007)   Cited 203 times
    Dismissing an information alleging disorderly conduct because there was no indication that the defendant "when he stood in the middle of the sidewalk . . . had the intent to or recklessly created a risk of causing 'public inconvenience, annoyance or alarm'"
  9. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 165 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"
  10. People v. Jensen

    86 N.Y.2d 248 (N.Y. 1995)   Cited 180 times

    Argued June 7, 1995 Decided July 5, 1995 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William C. Barrett, J. Michael D. Pinnisi, Ithaca, for appellant. George M. Dentes, District Attorney of Tompkins County, Ithaca (Gary U. Surdell of counsel), for respondent. CIPARICK, J. The question presented on this appeal is whether the Grand Jury evidence is legally sufficient to support the indictment. We agree with the Appellate Division that it is. On November