38 Cited authorities

  1. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,432 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  2. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,697 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
  3. Murray v. Carrier

    477 U.S. 478 (1986)   Cited 16,474 times   14 Legal Analyses
    Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
  4. Melendez–Diaz v. Massachusetts

    557 U.S. 305 (2009)   Cited 3,560 times   46 Legal Analyses
    Holding that a certification that material seized by the police included cocaine was testimonial
  5. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 9,471 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"
  6. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 11,312 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"
  7. People v. Suitte

    90 A.D.2d 80 (N.Y. App. Div. 1982)   Cited 9,435 times   3 Legal Analyses
    In People v. Suitte, 90 A.D.2d 80, 86, 455 N.Y.S.2d 675, this Court pointed out that the legislature empowered appellate courts to modify sentences and to "substitute our own discretion" for that of a sentencing court even where that court "has not abused its discretion" in imposing sentence.
  8. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,978 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.
  9. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,689 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  10. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,833 times
    Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel
  11. Section 470.15 - Determination of appeals by intermediate appellate courts; scope of review

    N.Y. Crim. Proc. Law § 470.15   Cited 16,060 times
    Providing for interests of justice review of unpreserved claims
  12. Section 450.15 - Appeal by defendant to intermediate appellate court; in what cases authorized by permission

    N.Y. Crim. Proc. Law § 450.15   Cited 2,387 times
    Providing for discretionary appeal of denial of § 440.20 motion
  13. Section 70.20 - Standards of proof for conviction

    N.Y. Crim. Proc. Law § 70.20   Cited 114 times

    No conviction of an offense by verdict is valid unless based upon trial evidence which is legally sufficient and which establishes beyond a reasonable doubt every element of such offense and the defendant's commission thereof. N.Y. Crim. Proc. Law § 70.20