§Why CasetextPricing

The People, Respondent,v.Douglas McCain, Appellant.

Brief

26 Cited authorities

  1. People v. Kalin

    2009 N.Y. Slip Op. 2446 (N.Y. 2009)   Cited 687 times
    In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.

  2. People v. Dumay

    2014 N.Y. Slip Op. 4038 (N.Y. 2014)   Cited 502 times
    Finding factual allegations in information sufficient to support obstructing governmental administration charge, where information alleged that defendant slammed the trunk of police car and stood behind car preventing it from moving

  3. People v. Dreyden

    2010 N.Y. Slip Op. 5243 (N.Y. 2010)   Cited 404 times   1 Legal Analyses
    Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"

  4. People v. Konieczny

    2 N.Y.3d 569 (N.Y. 2004)   Cited 483 times

    87. Submitted May 6, 2004. Decided June 10, 2004. APPEAL, by permission of the Chief Judge of the Court of Appeals, from an order of the Niagara County Court (Sara S. Sperrazza, J.), entered March 13, 2003. The County Court affirmed a judgment of the City Court of North Tonawanda, Niagara County (William R. Lewis, J.), which had convicted defendant, upon his plea of guilty, of attempted criminal contempt in the second degree. Michael J. Violante, Public Defender, Lockport ( Joseph G. Frazier of counsel)

  5. People v. Dumas

    68 N.Y.2d 729 (N.Y. 1986)   Cited 713 times   1 Legal Analyses
    Noting lack of allegation that police officer was an expert in identifying marijuana or that defendant represented it as such, to support charge that defendant sold marijuana

  6. Jackson v. Edwards

    404 F.3d 612 (2d Cir. 2005)   Cited 279 times   3 Legal Analyses
    Holding that a failure to provide a justification instruction warranted by the evidence was "nothing short of a catastrophic error" that "constituted a violation of due process"

  7. People v. Goetz

    68 N.Y.2d 96 (N.Y. 1986)   Cited 407 times
    Holding that the “he reasonably believes” language in self-defense statute “retains an objective element” and thus the court below erred in saying it merely required the defendant's belief to be “reasonable to him”

  8. Matter of Y.K

    87 N.Y.2d 430 (N.Y. 1996)   Cited 106 times
    Holding that the duty to retreat does "not arise until the point at which deadly physical force was used or imminent."

  9. People v. Wesley

    76 N.Y.2d 555 (N.Y. 1990)   Cited 119 times   1 Legal Analyses
    Explaining that "[e]vidence of a defendant's `circumstances' includes relevant knowledge that the defendant may have had about the victim, the physical attributes of all those involved in the incident, and any prior experiences that the defendant may have had" which may contribute to a reasonable understanding of the situation.

  10. People v. Leyva

    38 N.Y.2d 160 (N.Y. 1975)   Cited 131 times   2 Legal Analyses
    Upholding the presumption