35 Cited authorities

Tibbs v. Florida
457 U.S. 31 (1982) Cited 3,912 times 3 Legal Analyses
Holding that the state court's determination regarding whether a conviction was overturned based evidentiary weight, or evidentiary sufficiency, was binding on the Court
People v. Bleakley
69 N.Y.2d 490 (N.Y. 1987) Cited 11,295 times 3 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"
People v. Mateo
2 N.Y.3d 383 (N.Y. 2004) Cited 3,446 times 2 Legal Analyses
Finding criminal liability attaches to "a person concerned in the commission of a crime whether he directly commits the act constituting the offense or aids and abets in its commission . . ."
People v. O'Rama
78 N.Y.2d 270 (N.Y. 1991) Cited 570 times 4 Legal Analyses
Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
People v. Delamota
2011 N.Y. Slip Op. 8225 (N.Y. 2011) Cited 285 times 1 Legal Analyses
Expressing skepticism about lineup procedures because, among other concerns, family member with prior exposure to perpetrator had to translate for witness
People v. Rayam
94 N.Y.2d 557 (N.Y. 2000) Cited 328 times
Argued February 15, 2000 Decided April 11, 2000. Jeffrey I. Richman, and M. Sue Wycoff for appellant. Robert M. Morgenthau, District Attorney of New York County, New York City (Hilary Hassler and Mark Dwyer of counsel), for respondent. LEVINE, J. Based on events that allegedly occurred at the complaining witness's apartment over a 13-hour period from the evening of February 27 to the morning of February 28, 1995, defendant was indicted on single counts of burglary in the first degree and kidnaping
People v. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 224 times
Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"
People v. Cahill
2 N.Y.3d 14 (N.Y. 2003) Cited 181 times 1 Legal Analyses
Holding that, if the intent of a burglary is to commit murder, then it cannot be said that the murder was carried out "in furtherance of" the burglary, because the burglary "was merely a prerequisite to . . . committing the murder"
People v. Besser
96 N.Y.2d 136 (N.Y. 2001) Cited 112 times
Holding that testimony of accomplices does not need to be "corroborated for each pattern act" but is sufficiently corroborated by some independent evidence tending to connect the defendant to the enterprise corruption charge.
U.S. v. DiNome
954 F.2d 839 (2d Cir. 1992) Cited 125 times 1 Legal Analyses
Holding that there was no prejudicial spillover effect because contested evidence was relevant to RICO charges and would have been admitted against all defendants

The People, Respondent-Appellant,v.Vincent Barone, Appellant-Respondent.

35 Cited authorities

Holding that the state court's determination regarding whether a conviction was overturned based evidentiary weight, or evidentiary sufficiency, was binding on the Court

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"

Finding criminal liability attaches to "a person concerned in the commission of a crime whether he directly commits the act constituting the offense or aids and abets in its commission . . ."

Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

Expressing skepticism about lineup procedures because, among other concerns, family member with prior exposure to perpetrator had to translate for witness

Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

Holding that, if the intent of a burglary is to commit murder, then it cannot be said that the murder was carried out "in furtherance of" the burglary, because the burglary "was merely a prerequisite to . . . committing the murder"

Holding that testimony of accomplices does not need to be "corroborated for each pattern act" but is sufficiently corroborated by some independent evidence tending to connect the defendant to the enterprise corruption charge.

Holding that there was no prejudicial spillover effect because contested evidence was relevant to RICO charges and would have been admitted against all defendants