67 Cited authorities

Huddleston v. United States
485 U.S. 681 (1988) Cited 2,347 times 4 Legal Analyses
Holding that under Rule 104(b), the "court simply examines all the evidence in the case and decides whether the jury could reasonably find the conditional fact . . . by a preponderance of the evidence"
United States v. Watts
519 U.S. 148 (1997) Cited 1,446 times 11 Legal Analyses
Holding that sentencing courts may consider conduct of which the defendant has been acquitted
People v. Contes
60 N.Y.2d 620 (N.Y. 1983) Cited 11,956 times 2 Legal Analyses
Stating the standard for review of the legal sufficiency of evidence in a criminal case is whether "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,683 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
Berger v. United States
295 U.S. 78 (1935) Cited 4,150 times 19 Legal Analyses
Holding there was no prejudice when four defendants were tried for a single conspiracy and two separate conspiracies were proven
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."
People v. Feingold
2006 N.Y. Slip Op. 5233 (N.Y. 2006) Cited 347 times 3 Legal Analyses
Ruling that depraved indifference to human life, rather than recklessness, is the applicable mens rea in statutes in which the former appears
People v. Rayam
94 N.Y.2d 557 (N.Y. 2000) Cited 328 times
Argued February 15, 2000 Decided April 11, 2000. Jeffrey I. Richman, and M. Sue Wycoff for appellant. Robert M. Morgenthau, District Attorney of New York County, New York City (Hilary Hassler and Mark Dwyer of counsel), for respondent. LEVINE, J. Based on events that allegedly occurred at the complaining witness's apartment over a 13-hour period from the evening of February 27 to the morning of February 28, 1995, defendant was indicted on single counts of burglary in the first degree and kidnaping
People v. Steinberg
79 N.Y.2d 673 (N.Y. 1992) Cited 351 times
Holding that "jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury"
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.
Section 59.2 - Techniques and methods for determining blood and urine alcohol
N.Y. Comp. Codes R. & Regs. tit. 10 § 59.2 Cited 16 times
(a) All blood and urine alcohol determinations shall be made by quantitative methods and reported as whole blood alcohol concentration (BAC) to the second decimal place as found; for example, 0.137 percent found shall be reported as 0.13 percent weight per volume. If specimens other than whole blood are analyzed, the following conversions shall apply: (1) three fourths of the determined concentration of alcohol in the urine shall be equivalent to the corresponding BAC; and (2) nine tenths of the

The People, Respondent,v.Jennifer Jorgensen, Appellant.

67 Cited authorities

Holding that under Rule 104(b), the "court simply examines all the evidence in the case and decides whether the jury could reasonably find the conditional fact . . . by a preponderance of the evidence"

Holding that sentencing courts may consider conduct of which the defendant has been acquitted

Stating the standard for review of the legal sufficiency of evidence in a criminal case is whether "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"

Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Holding there was no prejudice when four defendants were tried for a single conspiracy and two separate conspiracies were proven

Ruling that depraved indifference to human life, rather than recklessness, is the applicable mens rea in statutes in which the former appears

Holding that "jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury"

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.