12 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,648 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  2. People v. Starling

    85 N.Y.2d 509 (N.Y. 1995)   Cited 190 times
    Holding that "the statutory definition of the term [sell] conspicuously excludes any requirement that the transfer be commercial in nature or conducted for a particular type of benefit or underlying purpose"
  3. People v. Bonaparte

    78 N.Y.2d 26 (N.Y. 1991)   Cited 131 times
    In Bonaparte, a court officer, directed by the trial court, told a deliberating jury that it would be sequestered and should stop deliberating.
  4. People v. Lourido

    70 N.Y.2d 428 (N.Y. 1987)   Cited 127 times
    In Lourido, we found an error sufficient, in combination with others, to compel reversal where the jury requested a read-back of the cross-examination of a key witness, received no response and rendered a verdict some three hours later; we implied that the court should at least have asked the jury, before accepting the verdict, whether it still wanted the testimony read back (id. at 431-433).
  5. People v. James Kadarko

    2010 N.Y. Slip Op. 2834 (N.Y. 2010)   Cited 45 times
    Finding no error where counsel was affirmatively informed of, but did not object to, formalistic violation of O'Rama
  6. People v. Ochoa

    2010 N.Y. Slip Op. 1346 (N.Y. 2010)   Cited 33 times

    Nos. 22, 23. Argued January 13, 2010. Decided February 16, 2010. APPEAL, in the first above-entitled action, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 18, 2008. The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Dominic R. Massaro, J.; see 10 Misc 3d 1060[A], 2005 NY Slip Op 52055[U]), which had convicted defendant, upon a jury verdict, of robbery in the second

  7. People v. Lykes

    81 N.Y.2d 767 (N.Y. 1993)   Cited 47 times
    In Lykes, the jury was not given any substantive information or instructions; here, the jury received additional instructions on crucial, distinct, substantive issues.
  8. People v. Mays

    85 A.D.3d 1700 (N.Y. App. Div. 2011)   Cited 9 times

    No. KA 07-02669. June 17, 2011. Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), rendered November 29, 2007. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree (two counts) and robbery in the second degree (two counts). TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT. Present — Smith, J.P.

  9. People v. Aleman

    2009 N.Y. Slip Op. 3411 (N.Y. 2009)   Cited 7 times

    No. 69. Argued April 1, 2009. decided April 30, 2009. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 19, 2008. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Edward J. McLaughlin, J)., which had convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the first and third degrees. People v Aleman

  10. People v. Salas

    47 A.D.3d 513 (N.Y. App. Div. 2008)   Cited 7 times

    No. 2557. January 24, 2008. Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 7, 2005, convicting defendant, after a jury trial, of criminal mischief in the second degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed. Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent. Before: