48 Cited authorities

  1. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 14,477 times   81 Legal Analyses
    Holding that an absent witness's statements are admissible under the Confrontation Clause "only where the declarant is unavailable, and only where the defendant [] had a prior opportunity to cross-examine"
  2. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,175 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"
  3. Daye v. Attorney General of New York

    696 F.2d 186 (2d Cir. 1982)   Cited 1,775 times   2 Legal Analyses
    Holding that "reliance on state cases employing constitutional analysis in like fact situations" fairly presents the federal claim
  4. People c. v. Evans

    94 N.Y.2d 499 (N.Y. 2000)   Cited 411 times
    Finding law of the case addresses judicial determinations made in course of single litigation
  5. People v. Linares

    2 N.Y.3d 507 (N.Y. 2004)   Cited 255 times
    Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him
  6. People v. Dorm

    2009 N.Y. Slip Op. 1065 (N.Y. 2009)   Cited 189 times
    Finding no error in trial court's admission of evidence of previous arguments and conflicts between the victim and the defendant because evidence, among other things, “provided necessary background information on the nature of the relationship and placed the charged conduct in context”
  7. Martin v. City of Cohoes

    37 N.Y.2d 162 (N.Y. 1975)   Cited 481 times
    Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case
  8. People v. Johnson

    1 N.Y.3d 302 (N.Y. 2003)   Cited 178 times
    Finding that testimony was improperly admitted as excited utterance where the challenged declaration was made to police in narrative form and in response to prompting an hour after the startling event, and the declarant had become more relaxed
  9. People v. Kello

    96 N.Y.2d 740 (N.Y. 2001)   Cited 174 times
    Holding that hearsay objection alone was insufficient to preserve Confrontation Clause objection
  10. People v. Goldstein

    2005 N.Y. Slip Op. 9654 (N.Y. 2005)   Cited 134 times
    In Goldstein, we also discussed, but did not decide, another hearsay issue: Do statements like those recounted by Hegarty in Goldstein (or by the State's experts in this case) fall within an exception to the hearsay rule? The arguably applicable exception is that an expert is permitted to rely on hearsay in forming his or her opinion, so long as the material relied on “is of a kind accepted in the profession as reliable” (People v. Sugden, 35 N.Y.2d 453, 460, 363 N.Y.S.2d 923, 323 N.E.2d 169 [1974]).