§Why CasetextPricing

The People, Appellant-Respondent,v.Matthew A. Davis, Respondent-Appellant.

Brief

11 Cited authorities

  1. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,875 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

  2. People v. Rawlins

    2008 N.Y. Slip Op. 1420 (N.Y. 2008)   Cited 140 times   4 Legal Analyses
    Holding that 30.10 applied even though defendant was not identified through a DNA match and indicted until eight years after the crime

  3. People v. Freycinet

    2008 N.Y. Slip Op. 5776 (N.Y. 2008)   Cited 81 times   2 Legal Analyses
    Concluding than an autopsy report was not testimonial, in part because the OCME is “by law, independent of and not subject to the control of the office of the prosecutor” and “not a law enforcement agency”

  4. People v. Moses

    63 N.Y.2d 299 (N.Y. 1984)   Cited 142 times
    Explaining that "a false alibi may be due not to consciousness of guilt of the crime charged but to consciousness of some incriminating evidence and the justifiable desire to remain free"

  5. People v. Kibbe

    35 N.Y.2d 407 (N.Y. 1974)   Cited 184 times   1 Legal Analyses
    Finding that the defendants were properly convicted of depraved indifference murder after they robbed an intoxicated victim and forced him out of a car on the side of a dark, remote, snowy road, partially dressed and without shoes in subfreezing temperatures, where he was struck by a passing truck and killed

  6. People v. Byrnes

    33 N.Y.2d 343 (N.Y. 1974)   Cited 133 times
    Holding that certain photographs were admissible under reasoning essentially identical to the silent witness theory based in part on "testimony that the negatives from which the positive prints were made had been seized at the [location where the criminal acts depicted in the photographs were alleged to have occurred]" and on "unimpeached testimony by a photographic expert that the negatives had not been altered in any manner and that the prints produced therefrom were accurate reproductions"

  7. People v. Hernandez

    82 N.Y.2d 309 (N.Y. 1993)   Cited 72 times
    Holding that legislature's change to felony murder statute evidences New York's adoption of proximate cause theory of liability

  8. People v. Berger

    52 N.Y.2d 214 (N.Y. 1981)   Cited 57 times
    In Berger, the defendant was convicted of criminal solicitation of perjury based upon the testimony of the alleged solicitee, Gambino, who, in fact, subsequently perjured herself before the grand jury investigating a fraudulent loan scheme by the defendant.

  9. People v. Lee

    80 A.D.3d 1072 (N.Y. App. Div. 2011)   Cited 15 times

    No. 102202. January 27, 2011. Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered January 28, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession a controlled substance in the third degree. Adam Parisi, Schenectady, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent. Before: Rose, Lahtinen, Kavanagh and Garry, JJ. Mercure, J.P. Defendant was arrested after a police investigator

  10. People v. Roberts

    66 A.D.3d 1135 (N.Y. App. Div. 2009)   Cited 12 times

    No. 102337. October 22, 2009. Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered July 11, 2007, upon a verdict convicting defendant of the crimes of sodomy in the first degree (two counts) and sexual abuse in the first degree (three counts). Kindlon, Shanks Associates, Albany (Terence L. Kindlon of counsel), for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent. Before: Spain, Rose, Kane and Stein, JJ