92 Cited authorities

  1. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,519 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.
  2. People v. Rosario

    9 N.Y.2d 286 (N.Y. 1961)   Cited 1,545 times
    Holding that trial court erred by failing to compel prosecution to turn over witnesses' prior statements relating to their trial testimony
  3. People v. Love

    57 N.Y.2d 998 (N.Y. 1982)   Cited 549 times
    Holding that where the ineffectiveness claim involves matters outside the record, the court "cannot conclude that defendant's counsel was ineffective simply by reviewing the trial record without the benefit of additional background facts that might have been developed had an appropriate after-judgment motion been made pursuant to CPL 440.10"
  4. People v. Vasquez

    88 N.Y.2d 561 (N.Y. 1996)   Cited 258 times
    Holding that wad of paper towels used to gag victim during the assault was dangerous instrument
  5. People v. Kelly

    467 N.E.2d 498 (N.Y. 1984)   Cited 299 times
    Applying New York rule, which parallels federal rule; concluding that dismissal was an abuse of discretion where adverse inference instruction would have adequately remedied prejudice caused by government's destruction of evidence
  6. People v. Ramirez

    89 N.Y.2d 444 (N.Y. 1996)   Cited 168 times
    Upholding consecutive robbery sentences where the defendant forcibly took the belongings of two security guards in a hotel parking lot
  7. People v. Banch

    80 N.Y.2d 610 (N.Y. 1992)   Cited 141 times
    In Banch, the Court of Appeals noted that when "the Rosario violation is not a complete failure to disclose the material but rather a delay in its disclosure[,]... reversal is not required unless the delay substantially prejudiced the defendant."
  8. People v. Consolazio

    40 N.Y.2d 446 (N.Y. 1976)   Cited 218 times
    In Consolazio, certain witness statements, in the form of questionnaires completed by an interviewing officer prior to trial, were not turned over to the defense.
  9. People v. Lopez

    2011 N.Y. Slip Op. 1316 (N.Y. 2011)   Cited 78 times   1 Legal Analyses
    Holding that police officer who questioned defendant in custody about an unrelated matter was required to make a reasonable inquiry concerning the defendant's representational status before commencing interrogation, where the circumstances, such as fact that bail had been set, indicated that there was a probable likelihood that an attorney had entered the custodial matter, and the accused was actually represented on the custodial charge
  10. People v. Graves

    85 N.Y.2d 1024 (N.Y. 1995)   Cited 116 times

    Argued April 25, 1995 Decided June 15, 1995 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard T. Andrias, J., Richard Lowe, III, J. Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Yorka Linakis, J. Ira Mickenberg, New York City, for appellant in the first above-entitled action. Robert M. Morgenthau, District Attorney of New York County, New York City (Donald J. Siewert and Alan Gadlin of counsel), for respondent

  11. Section 500.12 - Filing of record material and briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.12   Cited 1 times

    (a) Scheduling letter. Generally, in an appeal tracked for normal course treatment, the clerk of the court issues a scheduling letter after the filing of the preliminary appeal statement. A scheduling letter also issues upon the termination of an inquiry pursuant to section 500.10 or 500.11 of this Part. The scheduling letter sets the filing dates for record material and briefs. (b) Appellant's initial filing. In addition to the submission in digital format required by section 500.14(g) of this Part