31 Cited authorities

  1. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,164 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"
  2. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 475 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
  3. People v. Martinez

    80 N.Y.2d 444 (N.Y. 1992)   Cited 366 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]). Only after aggregating other compelling circumstances—namely that defendant was observed “removing an instrument known to the police to be used in concealing drugs”—did we find reasonable suspicion (id.).
  4. People v. Moore

    2006 N.Y. Slip Op. 1249 (N.Y. 2006)   Cited 215 times
    In Moore, we also said that "[a]n anonymous tip cannot provide reasonable suspicion to justify a seizure, except where that tip contains predictive information — such as information suggestive of criminal behavior — so that the police can test the reliability of the tip" (id. at 499 [emphasis added]).
  5. People v. Benjamin

    51 N.Y.2d 267 (N.Y. 1980)   Cited 361 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.
  6. People v. Harrison

    57 N.Y.2d 470 (N.Y. 1982)   Cited 229 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.
  7. People v. Mack

    2016 N.Y. Slip Op. 4321 (N.Y. 2016)   Cited 85 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.
  8. People v. Sierra

    83 N.Y.2d 928 (N.Y. 1994)   Cited 159 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]).
  9. Sega v. State

    60 N.Y.2d 183 (N.Y. 1983)   Cited 211 times
    Holding that sitting and resting are sufficiently related to "hiking" under New York's recreational use statute
  10. People v. Turriago

    90 N.Y.2d 77 (N.Y. 1997)   Cited 144 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