§Why CasetextPricing

The People, Appellant,v.Dwight R. DeLee, Respondent.

Brief

21 Cited authorities

  1. United States v. Powell

    469 U.S. 57 (1984)   Cited 2,043 times   4 Legal Analyses
    Holding that a defendant can be convicted of telephone facilitation despite an acquittal on the predicate felony

  2. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,231 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  3. Dunn v. United States

    284 U.S. 390 (1932)   Cited 1,492 times   1 Legal Analyses
    Holding that a jury's verdicts can stand even if they are inconsistent, and noting that "acquittal on one count may be explained as an exercise of lenity by the jury that is not necessarily grounded in its view of the evidence"

  4. People v. Tucker

    55 N.Y.2d 1 (N.Y. 1981)   Cited 598 times   3 Legal Analyses
    In Tucker, we observed that, where a repugnant verdict was the result, not of irrationality, but mercy, courts "should not... undermine the jury's role and participation by setting aside the verdict" (55 NY2d at 7).

  5. People v. Morris

    2013 N.Y. Slip Op. 6633 (N.Y. 2013)   Cited 174 times
    Holding that evidence of a 911 call accusing defendant of robbing someone at gunpoint was relevant background information that helped explain the aggressive conduct of police when arresting the defendant

  6. Price v. State

    405 Md. 10 (Md. 2008)   Cited 137 times
    Holding that "inconsistent verdicts shall no longer be allowed"

  7. People v. Goodfriend

    64 N.Y.2d 695 (N.Y. 1984)   Cited 205 times   1 Legal Analyses
    In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.

  8. People v. Rosario

    2011 N.Y. Slip Op. 7254 (N.Y. 2011)   Cited 63 times   1 Legal Analyses
    Holding that evidence of a prompt outcry can be admitted but that "only the fact of a complaint, not its accompanying details, may be elicited"

  9. Suarez v. Byrne

    2008 N.Y. Slip Op. 4897 (N.Y. 2008)   Cited 67 times
    Closing loophole under which Carter counsel might have had an argument

  10. People v. Abraham

    2013 N.Y. Slip Op. 7825 (N.Y. 2013)   Cited 48 times

    2013-11-26 The PEOPLE of the State of New York, Respondent, v. Akiva Daniel ABRAHAM, Appellant. Jonathan S. Fishbein, Delmar, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. Jonathan S. Fishbein, Delmar, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. OPINION OF THE COURT Chief Judge LIPPMAN. The primary issue in this case is whether factual inconsistency in a jury verdict acquitting

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review