§Why CasetextPricing

The People, Respondent,v.Anthony V. Pavone, Appellant.

Brief

10 Cited authorities

  1. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,351 times   5 Legal Analyses
    Holding that due process does not create “a constitutional imperative, operative countrywide, that a State must disprove beyond a reasonable doubt every fact constituting any and all affirmative defenses related to the culpability of an accused.”

  2. Missouri v. National Organization for Women

    449 U.S. 842 (1980)   Cited 180 times

    No. 79-2037. October 6, 1980. C.A. 8th Cir. Certiorari denied. Reported below: 620 F. 2d 1301.

  3. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 432 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.

  4. People v. Massie

    2 N.Y.3d 179 (N.Y. 2004)   Cited 149 times   1 Legal Analyses

    No. 42. Argued February 19, 2004. Decided April 6, 2004. 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 May 1, 2003. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Renee A. White, J.), which had convicted defendant, upon a jury verdict, of robbery in the first degree. People v. Massie, 305 AD2d 116, affirmed. Center for Appellate Litigation

  5. People v. Padgett

    60 N.Y.2d 142 (N.Y. 1983)   Cited 223 times   1 Legal Analyses
    Rejecting contention that justification defense is available only where conduct is admittedly intentional, and citing precedent holding that justification defense applied to second-degree manslaughter even where defendant contended that he "inadvertently" stabbed victim

  6. People v. Casassa

    49 N.Y.2d 668 (N.Y. 1980)   Cited 185 times
    In People v Casassa (49 N.Y.2d 668, 681) the Court of Appeals held "that when an attorney attempts to intercede in a criminal defendant's behalf and is prevented from doing so by police misinformation, that defendant's right to counsel is infringed".

  7. 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).

  8. People v. De George

    73 N.Y.2d 614 (N.Y. 1989)   Cited 90 times
    Holding that silence in police presence is inadmissible because it is a natural reaction

  9. People v. Reid

    2012 N.Y. Slip Op. 4272 (N.Y. 2012)   Cited 36 times   2 Legal Analyses
    In People v. Reid, 19 N.Y.3d 382, 388, 948 N.Y.S.2d 223, 971 N.E.2d 353, 357 (2012), the New York Court of Appeals held that this door-opening doctrine permits a trial court to admit testimonial hearsay otherwise barred by the Sixth Amendment's Confrontation Clause.

  10. People v. Harris

    95 N.Y.2d 316 (N.Y. 2000)   Cited 47 times

    Argued October 12, 2000. Decided November 16, 2000. 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 Second Judicial Department, entered November 29, 1999, which affirmed a judgment of the Supreme Court (Lewis L. Douglass, J.), rendered in Kings County upon a verdict convicting defendant of murder in the second degree. De Nice Powell, New York City, and Lynn W. L. Fahey for appellant. Charles J. Hynes, District