27 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,657 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,647 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  3. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 11,303 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"
  4. People v. Contes

    60 N.Y.2d 620 (N.Y. 1983)   Cited 11,959 times   2 Legal Analyses
    Stating the standard for review of the legal sufficiency of evidence in a criminal case is whether "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"
  5. 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
  6. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 433 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.
  7. 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"
  8. People v. Bailey

    2009 N.Y. Slip Op. 4742 (N.Y. 2009)   Cited 23 times
    Vacating conviction for possession of a forged instrument where defendant knowingly possessed counterfeit $10 bills, because "drawing the inference of defendant's intent from his knowledge that the bills were counterfeit improperly shifts the burden of proof with respect to intent from the people to the defendant"
  9. People v. Maisonet

    304 A.D.2d 674 (N.Y. App. Div. 2003)   Cited 26 times
    Holding that hallway could be considered part of apartment if it was inaccessible to public
  10. People v. Quattlebaum

    91 N.Y.2d 744 (N.Y. 1998)   Cited 25 times   1 Legal Analyses
    Building used for overnight stays only a few dozen times a year was not a "dwelling" for purposes of second-degree burglary
  11. Section 470.15 - Determination of appeals by intermediate appellate courts; scope of review

    N.Y. Crim. Proc. Law § 470.15   Cited 16,053 times
    Providing for interests of justice review of unpreserved claims
  12. Section 110.00 - Attempt to commit a crime

    N.Y. Penal Law § 110.00   Cited 3,510 times   3 Legal Analyses
    Providing that: " person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime"
  13. Section 140.25 - Burglary in the second degree

    N.Y. Penal Law § 140.25   Cited 1,370 times
    Describing second degree burglary as a crime when one "[k]nowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: . . . [t]he building is a dwelling."
  14. Section 140.30 - Burglary in the first degree

    N.Y. Penal Law § 140.30   Cited 800 times   1 Legal Analyses
    Pertaining to burglary in the first degree
  15. Section 140.20 - Burglary in the third degree

    N.Y. Penal Law § 140.20   Cited 689 times

    A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony. N.Y. Penal Law § 140.20

  16. Section 205.30 - Resisting arrest

    N.Y. Penal Law § 205.30   Cited 661 times
    Resisting arrest
  17. Section 70.02 - [Effective 9/1/2024] Sentence of imprisonment for a violent felony offense

    N.Y. Penal Law § 70.02   Cited 643 times
    Defining “violent felony offenses”
  18. Section 70.04 - Sentence of imprisonment for second violent felony offender

    N.Y. Penal Law § 70.04   Cited 506 times
    Establishing a statutory determinate term within the range of 10 to 25 years
  19. Section 140.00 - Criminal trespass and burglary; definitions of terms

    N.Y. Penal Law § 140.00   Cited 438 times
    Involving a "building" which "in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer."
  20. Section 290.10 - Trial order of dismissal

    N.Y. Crim. Proc. Law § 290.10   Cited 390 times
    Explaining when a defendant may move for a trial order of dismissal
  21. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply