20 Cited authorities

People v. Chiddick
2007 N.Y. Slip Op. 3757 (N.Y. 2007) Cited 476 times
In Chiddick, the Court of Appeals further held "[i]t is also relevant that [the victim] sought medical treatment... an indication that his pain was significant."
People v. Payne
3 N.Y.3d 266 (N.Y. 2004) Cited 300 times 2 Legal Analyses
Holding that the requisite level of "indifference" cannot typically be exhibited in one-on-one, intentional assaults that result in the victim's death
People v. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 224 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"
People v. Muhammad
2011 N.Y. Slip Op. 7302 (N.Y. 2011) Cited 183 times 1 Legal Analyses
Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon
Matter of Philip A.
49 N.Y.2d 198 (N.Y. 1980) Cited 352 times
In Matter of Philip A., 49 N.Y.2d 198, 424 N.Y.S.2d 418, 400 N.E.2d 358 [1980], the respondent hit the victim twice in the face.
People v. Bornholdt
33 N.Y.2d 75 (N.Y. 1973) Cited 364 times
Holding that, to invoke affirmative defense, defendant must show that he had "nothing to do with the killing itself . . . and had no idea that any of his confederates was armed or intended to engage in any conduct dangerous to life"
People v. Chavis
91 N.Y.2d 500 (N.Y. 1998) Cited 139 times
In People v. Chavis (91 N.Y.2d 500, 506), the Court again noted that "the People were able to toll the `speedy trial clock' by filing a notice of readiness".
People v. Nieves
67 N.Y.2d 125 (N.Y. 1986) Cited 195 times
In Nieves, as in Tates, the theory argued by the People on appeal had been expressly disclaimed by the prosecutor during the evidentiary hearing (see People v Nieves, 67 N.Y.2d at 129-130).
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).
People v. Savage
50 N.Y.2d 673 (N.Y. 1980) Cited 128 times 1 Legal Analyses
In Savage — the case on which petitioner principally relies — the defendant confessed to a shooting, but failed to tell the police that the victim was attempting to rob him.

The People, Respondent,v.Lyxon Chery, Appellant.

20 Cited authorities

In Chiddick, the Court of Appeals further held "[i]t is also relevant that [the victim] sought medical treatment... an indication that his pain was significant."

Holding that the requisite level of "indifference" cannot typically be exhibited in one-on-one, intentional assaults that result in the victim's death

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"

Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon

In Matter of Philip A., 49 N.Y.2d 198, 424 N.Y.S.2d 418, 400 N.E.2d 358 [1980], the respondent hit the victim twice in the face.

Holding that, to invoke affirmative defense, defendant must show that he had "nothing to do with the killing itself . . . and had no idea that any of his confederates was armed or intended to engage in any conduct dangerous to life"

In People v. Chavis (91 N.Y.2d 500, 506), the Court again noted that "the People were able to toll the `speedy trial clock' by filing a notice of readiness".

In Nieves, as in Tates, the theory argued by the People on appeal had been expressly disclaimed by the prosecutor during the evidentiary hearing (see People v Nieves, 67 N.Y.2d at 129-130).

In Savage — the case on which petitioner principally relies — the defendant confessed to a shooting, but failed to tell the police that the victim was attempting to rob him.