31 Cited authorities

People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,684 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"
People v. O'Rama
78 N.Y.2d 270 (N.Y. 1991) Cited 568 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. Martinez
80 N.Y.2d 444 (N.Y. 1992) Cited 410 times 1 Legal Analyses
In Martinez, we acknowledged that the “[d]efendant had a right to refuse to respond to a police inquiry and his flight when the officers approached could not, in and of itself, create a reasonable suspicion of criminal activity” (id. at 448, 591 N.Y.S.2d 823, 606 N.E.2d 951 [citation omitted]).
People v. Moore
2006 N.Y. Slip Op. 1249 (N.Y. 2006) Cited 255 times
Beginning analysis with the "gunpoint stop" where officers acting on an anonymous tip had arrived at the scene and approached the defendant "who began to walk away"
People v. Benjamin
51 N.Y.2d 267 (N.Y. 1980) Cited 383 times
In People v Benjamin (51 N.Y.2d 267), a police officer responded to a radio run of men with guns at a specific location.
People v. Mack
2016 N.Y. Slip Op. 4321 (N.Y. 2016) Cited 110 times 1 Legal Analyses
In Mack, the Court of Appeals made clear that a court should follow a two-step process when it receives a jury note: (1) give counsel notice that a note has been received; and (2) meaningfully respond to the note.
People v. Harrison
57 N.Y.2d 470 (N.Y. 1982) Cited 264 times
In People v. Harrison (57 N.Y.2d 470, 476), the Court of Appeals held that: "Confining the occupants to the car, even temporarily, is at least equivalent to a stop.
People v. Sierra
83 N.Y.2d 928 (N.Y. 1994) Cited 185 times 1 Legal Analyses
In Sierra, we found no reasonable suspicion to pursue a fleeing defendant where “the officers knew only that, after exiting from the back seat of a livery cab that had been stopped for defective brake lights, defendant grabbed at his waistband” (id. [emphasis added]).
People v. Turriago
90 N.Y.2d 77 (N.Y. 1997) Cited 164 times 1 Legal Analyses
Holding that an issue was not preserved for appeal when a lower court's observations about a related issue did not amount to an express decision on the issue in question
Sega v. State
60 N.Y.2d 183 (N.Y. 1983) Cited 218 times
Holding that sitting and resting are sufficiently related to "hiking" under New York's recreational use statute

The People, Respondent,v.Lawrence Parker, Appellant.

31 Cited authorities

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"

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

In Martinez, we acknowledged that the “[d]efendant had a right to refuse to respond to a police inquiry and his flight when the officers approached could not, in and of itself, create a reasonable suspicion of criminal activity” (id. at 448, 591 N.Y.S.2d 823, 606 N.E.2d 951 [citation omitted]).

Beginning analysis with the "gunpoint stop" where officers acting on an anonymous tip had arrived at the scene and approached the defendant "who began to walk away"

In People v Benjamin (51 N.Y.2d 267), a police officer responded to a radio run of men with guns at a specific location.

In Mack, the Court of Appeals made clear that a court should follow a two-step process when it receives a jury note: (1) give counsel notice that a note has been received; and (2) meaningfully respond to the note.

In People v. Harrison (57 N.Y.2d 470, 476), the Court of Appeals held that: "Confining the occupants to the car, even temporarily, is at least equivalent to a stop.

In Sierra, we found no reasonable suspicion to pursue a fleeing defendant where “the officers knew only that, after exiting from the back seat of a livery cab that had been stopped for defective brake lights, defendant grabbed at his waistband” (id. [emphasis added]).

Holding that an issue was not preserved for appeal when a lower court's observations about a related issue did not amount to an express decision on the issue in question

Holding that sitting and resting are sufficiently related to "hiking" under New York's recreational use statute