§Why CasetextPricing

The People, Appellant-Respondent,v.Stanley R. Kims, II, Respondent-Appellant.

Brief

60 Cited authorities

  1. Maryland v. Buie

    494 U.S. 325 (1990)   Cited 2,348 times   20 Legal Analyses
    Holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding

  2. Griffin v. United States

    502 U.S. 46 (1991)   Cited 1,124 times   6 Legal Analyses
    Holding that a general guilty verdict on a multiple-object conspiracy need not be set aside if the evidence is adequate to support conviction as to one of the objects

  3. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,212 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."

  4. 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"

  5. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,267 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.

  6. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,601 times   2 Legal Analyses
    Upholding a weapons frisk based on an officer's observation of an item in a man's pocket that "struck him immediately as . . . 'the outline of a gun'"

  7. People v. Alvino

    71 N.Y.2d 233 (N.Y. 1987)   Cited 1,068 times   2 Legal Analyses
    Holding that evidence of similar uncharged crimes is excluded for policy reasons because it may induce the jury to base a finding of guilt on collateral matters

  8. People v. Dorm

    2009 N.Y. Slip Op. 1065 (N.Y. 2009)   Cited 266 times
    Finding no error in trial court's admission of evidence of previous arguments and conflicts between the victim and the defendant because evidence, among other things, “provided necessary background information on the nature of the relationship and placed the charged conduct in context”

  9. People v. Cantor

    36 N.Y.2d 106 (N.Y. 1975)   Cited 700 times
    Stating that officers are permitted to forcibly stop and detain a person for questioning where the officer has reasonable suspicion that a suspect has committed, is committing, or is about to commit a crime

  10. People v. Hobot

    84 N.Y.2d 1021 (N.Y. 1995)   Cited 363 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

  11. Section 470.05 - Determination of appeals; general criteria

    N.Y. Crim. Proc. Law § 470.05   Cited 14,273 times
    Providing that a question of law is presented when "a protest thereto was registered, by the party claiming error, at the time of such ruling . . . or at any subsequent time when the court had an opportunity of effectively changing the same."

  12. Section 220.25 - Criminal possession of a controlled substance; presumption

    N.Y. Penal Law § 220.25   Cited 333 times

    1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person in the automobile if one of them, having obtained the controlled

  13. Section 470.35 - Determination by court of appeals of appeals from orders of intermediate appellate courts; scope of review

    N.Y. Crim. Proc. Law § 470.35   Cited 88 times

    1. Upon an appeal to the court of appeals from an order of an intermediate appellate court affirming a judgment, sentence or order of a criminal court, the court of appeals may consider and determine not only questions of law which were raised or considered upon the appeal to the intermediate appellate court, but also any question of law involving alleged error or defect in the criminal court proceedings resulting in the original criminal court judgment, sentence or order, regardless of whether such