§Why CasetextPricing

The People, Respondent,v.Akiva Daniel Abraham, Appellant.

Brief

23 Cited authorities

  1. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 9,462 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"

  2. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 11,303 times   3 Legal Analyses
    Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"

  3. People v. Ashwal

    39 N.Y.2d 105 (N.Y. 1976)   Cited 1,144 times   2 Legal Analyses
    In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."

  4. People v. Williams

    84 N.Y.2d 925 (N.Y. 1994)   Cited 296 times

    Argued October 26, 1994 Decided November 29, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Lee Clary, J. James T. King, District Attorney of Jefferson County, Watertown (Cindy F. Intschert of counsel), for appellant. Michael F. Young, Lowville, and James R. McGraw, Syracuse, for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, and the case remitted to that court for consideration of the facts (see, CPL 470.25 [d]; 470

  5. People v. Cabey

    85 N.Y.2d 417 (N.Y. 1995)   Cited 209 times

    Argued February 16, 1995 Decided March 30, 1995 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Bonnie G. Wittner, J. Robert T. Johnson, District Attorney of Bronx County, Bronx (Andrew J. Shipe and Susan L. Valle of counsel), for appellant-respondent. Kaye, Scholer, Fierman, Hays Handler, New York City (Adam D. Cole of counsel), E. Joshua Rosenkranz and Mark Gimpel for respondent-appellant. SMITH, J. The issue in this case of attempted murder is whether

  6. People v. Wong

    81 N.Y.2d 600 (N.Y. 1993)   Cited 71 times
    Reversing couple's manslaughter convictions on theories of both commission and omission for insufficient evidence relating to shaken-baby-syndrome death of infant in their care, although citing Steinberg in acknowledging "theoretical" possibility of establishing guilt by omission

  7. People v. Khan

    2012 N.Y. Slip Op. 855 (N.Y. 2012)   Cited 15 times

    2012-02-9 The PEOPLE of the State of New York, Respondent, v. Saleem KHAN, Appellant. Roger J. Bernstein, New York City, and Eugene A. Gaer for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Timothy C. Stone and Grace Vee of counsel), for respondent. JONES Roger J. Bernstein, New York City, and Eugene A. Gaer for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Timothy C. Stone and Grace Vee of counsel), for respondent. OPINION OF THE COURT JONES, J. In defendant's

  8. People v. De Vito

    21 A.D.3d 696 (N.Y. App. Div. 2005)   Cited 21 times

    14696. August 25, 2005. Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered April 7, 2003, upon a verdict convicting defendant of the crimes of course of sexual conduct against a child in the first degree (two counts) and endangering the welfare of a child (two counts). Mann Law Firm P.C., Latham (Matthew J. Mann of counsel), for appellant. James E. Conboy, District Attorney, Fonda (John N. Clo of counsel), for respondent. Before: Mercure, J.P., Spain and Rose,

  9. People v. Roberts

    63 A.D.3d 1294 (N.Y. App. Div. 2009)   Cited 14 times

    No. 102060. June 11, 2009. Appeal from a judgment of the County Court of Schenectady County (Clark, J.), rendered September 5, 2008, convicting defendant following a nonjury trial of the crime of criminal possession of a weapon in the third degree. Marcel J. Lajoy, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Devin Anderson, Law Intern), for respondent. Before: Mercure, J.P., Rose, Malone Jr. and Stein, JJ., concur. Garry, J. In December 2007, defendant allegedly engaged

  10. People v. Tarantola

    178 A.D.2d 768 (N.Y. App. Div. 1991)   Cited 34 times

    December 26, 1991 Appeal from the County Court of Sullivan County (Hanofee, J.). Crew III, J. Defendant was indicted on charges of rape in the first degree, sexual abuse in the first degree and assault in the second degree. Following a jury trial, defendant was convicted of the rape and sexual abuse charges and acquitted of the assault charge. Defendant was then sentenced to concurrent prison terms of 7 to 21 years for rape in the first degree and 2 to 6 years for sexual abuse in the first degree