§Why CasetextPricing

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

Brief

36 Cited authorities

  1. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 11,309 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"

  2. Napue v. Illinois

    360 U.S. 264 (1959)   Cited 4,814 times   18 Legal Analyses
    Holding that the prosecution violates due process when it knowingly offers or fails to correct false or misleading testimony

  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. Pelchat

    62 N.Y.2d 97 (N.Y. 1984)   Cited 423 times   2 Legal Analyses
    Finding that a petitioner who pleads guilty can later challenge the grand jury proceedings if the prosecutor was aware that the only evidence before the grand jury was false

  5. People v. Barnes

    50 N.Y.2d 375 (N.Y. 1980)   Cited 443 times   2 Legal Analyses
    Holding that the relevant "moral certainty" standard "does not apply to a situation where, as here, both direct and circumstantial evidence are employed to demonstrate a defendant's culpability"

  6. People v. Horne

    97 N.Y.2d 404 (N.Y. 2002)   Cited 226 times
    Holding Apprendi does not apply to restitution because "a sentencing court is not increasing the maximum sentence available when it makes factual determinations affecting restitution but is merely issuing a sentence within the authorized statutory range"

  7. People v. Harris

    98 N.Y.2d 452 (N.Y. 2002)   Cited 148 times   1 Legal Analyses
    Describing defendant's murder of three persons in course of robbery

  8. People v. Sanchez

    61 N.Y.2d 1022 (N.Y. 1984)   Cited 182 times
    In People v Sanchez (61 N.Y.2d 1022, 1024), we held that it was not necessary that a circumstantial evidence charge use the words "moral certainty" but emphasized that "the jury should be instructed in substance that it must appear that the inference of guilt is the only one that can fairly and reasonably be drawn from the facts, and that the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence."

  9. People v. Fisher

    2012 N.Y. Slip Op. 2416 (N.Y. 2012)   Cited 49 times

    2012-04-3 The PEOPLE of the State of New York, Respondent, v. Aaron Richard FISHER, Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The

  10. People v. Savvides

    1 N.Y.2d 554 (N.Y. 1956)   Cited 245 times   1 Legal Analyses
    Holding that where witness for the prosecution falsely testified that there was no agreement that he was to receive lenient treatment for testifying against defendant, Assistant District Attorney should have exposed the lie of the witness