47 Cited authorities

  1. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,698 times   82 Legal Analyses
    Holding that the Confrontation Clause applies only to testimonial statements
  2. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,745 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 2,004 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 502 times
    Finding law of the case addresses judicial determinations made in course of single litigation
  5. People v. Dorm

    2009 N.Y. Slip Op. 1065 (N.Y. 2009)   Cited 275 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”
  6. People v. Linares

    2 N.Y.3d 507 (N.Y. 2004)   Cited 298 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
  7. Martin v. City of Cohoes

    37 N.Y.2d 162 (N.Y. 1975)   Cited 569 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 211 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 192 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 146 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?