18 Cited authorities

  1. U.S. v. Newton

    369 F.3d 659 (2d Cir. 2004)   Cited 486 times   4 Legal Analyses
    Holding that summation comments implying defendant was a "predator" were not so improper as to warrant reversal
  2. 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
  3. 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
  4. 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”
  5. 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
  6. 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
  7. People v. Medina

    44 N.Y.2d 199 (N.Y. 1978)   Cited 253 times
    In Medina, however, we articulated two clear-cut instances in which a trial court's failure to find good cause for substitution would amount to an abuse of discretion: first, when an attorney is assigned to represent two defendants between whom there is a conflict of interest and second, when the defense counsel has "not adequately investigated his client's history of mental disorder" (id. at 208).
  8. People v. Fratello

    706 N.E.2d 1173 (N.Y. 1998)   Cited 67 times
    Recognizing the analogous principle that “[g]enerally, the bias of an excited utterance declarant functions as a basis for impeachment of the declaration, thus pertinent to the weight, rather than admissibility of the declaration” (citing 6 Wigmore, Evidence § 1751 at 224 (Chadbourn Rev.1976))
  9. People v. Hampton

    2013 N.Y. Slip Op. 3936 (N.Y. 2013)   Cited 29 times

    2013-06-4 The PEOPLE of the State of New York, Respondent, v. Grady HAMPTON, Appellant. Frankie & Gentile, P.C., Mineola (Joseph A. Gentile of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola (Barbara Kornblau, Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent. READ Frankie & Gentile, P.C., Mineola (Joseph A. Gentile of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola (Barbara Kornblau, Tammy J. Smiley and Judith R. Sternberg of counsel)

  10. People v. Hernandez

    2016 N.Y. Slip Op. 8396 (N.Y. 2016)   Cited 19 times

    12-15-2016 The PEOPLE of the State of New York, Respondent, v. Rodolfo HERNANDEZ, Appellant. Lynn W.L. Fahey, Appellate Advocates, New York City (Anna Pervukhin of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island (Anne Grady and Morrie I. Kleinbart of counsel), for respondent. Lynn W.L. Fahey, Appellate Advocates, New York City (Anna Pervukhin of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island (Anne Grady and Morrie I. Kleinbart of counsel)