30 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. In re Winship

    397 U.S. 358 (1970)   Cited 10,406 times   24 Legal Analyses
    Holding that a person may not be convicted "except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged"
  3. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 7,321 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"
  4. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 9,717 times   2 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"
  5. Kotteakos v. United States

    328 U.S. 750 (1946)   Cited 5,759 times   11 Legal Analyses
    Holding that, when determining whether an error is harmless, an "appellate court can[not] escape altogether taking account of the [error's affect on the] outcome," and that the District Court's decision will stand if "the error . . . had but very slight effect" on the judgment
  6. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,622 times   1 Legal Analyses
    Holding that to preserve for appellate review a challenge to the legal sufficiency of evidence to support a conviction, a defendant must move for a trial order of dismissal, and the argument must be "specifically directed" at the error being argued
  7. 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"
  8. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,303 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  9. People v. Tucker

    55 N.Y.2d 1 (N.Y. 1981)   Cited 573 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).
  10. People v. Settles

    46 N.Y.2d 154 (N.Y. 1978)   Cited 451 times
    Holding that "criminal defendant under indictment and in custody may not waive his right to counsel unless he does so in the presence of an attorney"