24 Cited authorities

  1. Chapman v. United States

    500 U.S. 453 (1991)   Cited 1,147 times   2 Legal Analyses
    Holding that an LSD sentencing statute did "not produce a result ‘so "absurd or glaringly unjust" ’ as to raise a ‘reasonable doubt’ about Congress' intent" even though it could produce results both "anomalous" and "irrelevant to culpability," "viz: a major wholesaler caught with 19,999 doses of pure LSD would not be subject to the 5-year mandatory minimum sentence, while a minor pusher with 200 doses on blotter paper, or even one dose on a sugar cube, would be subject to the mandatory minimum sentence"
  2. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).
  3. Kurcsics v. Merchants Mut

    49 N.Y.2d 451 (N.Y. 1980)   Cited 618 times
    In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.
  4. People v. Guerrero

    12 N.Y.3d 45 (N.Y. 2009)   Cited 91 times
    In Guerrero, the Court of Appeals addressed the issue of whether the imposition of a mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) must be pronounced by the judge in open court at sentencing (see People v Guerrero, 12 N.Y.3d at 46-47).
  5. People v. Williams

    2012 N.Y. Slip Op. 3232 (N.Y. 2012)   Cited 58 times

    2012-04-26 The PEOPLE of the State of New York, Respondent, v. Leroy WILLIAMS, Appellant. Center for Appellate Litigation, New York City (Katharine Skolnick and Robert S. Dean of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Justin J. Braun, Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent. CIPARICK Center for Appellate Litigation, New York City (Katharine Skolnick and Robert S. Dean of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Justin

  6. People v. Thompson

    83 N.Y.2d 477 (N.Y. 1994)   Cited 93 times
    In People v Thompson (83 NY2d 477 [1994]), the Court of Appeals considered the constitutionality of mandatory sentences for drug offenses, as applied to defendant.
  7. In re Madison-Oneida Bd. of Coop. v. Mills

    4 N.Y.3d 51 (N.Y. 2004)   Cited 51 times
    Declining to defer to the Commissioner of Education's determination that teaching assistants were included within the meaning of the word ‘teachers' as it appeared in Education Law § 3013
  8. People v. Johnson

    60 A.D.3d 1496 (N.Y. App. Div. 2009)   Cited 26 times   1 Legal Analyses

    No. KA 07-02357. March 27, 2009. Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered September 26, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR DEFENDANT-APPELLANT. DAVID D. JOHNSON, DEFENDANT-APPELLANT PRO SE. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT. Present: Smith, J

  9. People v. Kistner

    291 A.D.2d 856 (N.Y. App. Div. 2002)   Cited 29 times

    KA 00-02866 February 1, 2002. Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered October 16, 2000, convicting defendant by plea of guilty of attempted burglary in the second degree. ALAN BIRNHOLZ, AMHERST, FOR DEFENDANT-APPELLANT. MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT. PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ. It is hereby ORDERED that the judgment so appealed from be and the same

  10. People v. West

    124 Misc. 2d 622 (N.Y. Cnty. Ct. 1984)   Cited 56 times

    June 19, 1984 Thomas G. West, Jr., defendant pro se. W. Patrick Falvey, District Attorney, for plaintiff. FREDERICK D. DUGAN, J. Defendant here moves for waiver of the mandatory surcharge of $75 for felony convictions imposed upon him at sentencing (CPL 420.35). On May 20, 1983, defendant was determined to be a second felony offender and upon his guilty plea April 15, 1983 to burglary in the third degree, a class D felony, an indeterminate sentence was imposed for a maximum term of four years and