13 Cited authorities

People v. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,636 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
People v. Ashwal
39 N.Y.2d 105 (N.Y. 1976) Cited 1,144 times 2 Legal Analyses
In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."
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. McDaniel
81 N.Y.2d 10 (N.Y. 1993) Cited 362 times 2 Legal Analyses
Holding that evidence of a prompt outcry can be admitted but that "only the fact of a complaint, not its accompanying details, may be elicited"
People v. Primo
96 N.Y.2d 351 (N.Y. 2001) Cited 183 times
Rejecting "clear link" test of earlier cases in favor of the "general balancing analysis that governs the admissibility of all evidence"
People v. Buie
86 N.Y.2d 501 (N.Y. 1995) Cited 205 times 1 Legal Analyses
Holding that the admission of a 911 tape that satisfied the requirements of the present sense impression exception was not improper bolstering where the witness was also available to testify
People v. Nieves
67 N.Y.2d 125 (N.Y. 1986) Cited 195 times
In Nieves, as in Tates, the theory argued by the People on appeal had been expressly disclaimed by the prosecutor during the evidentiary hearing (see People v Nieves, 67 N.Y.2d at 129-130).
People v. Boettcher
69 N.Y.2d 174 (N.Y. 1987) Cited 163 times 1 Legal Analyses
Holding that juries should not be permitted to consider a lesser-included offense until after they unanimously find defendant not guilty of the greater offense
People v. Extale
2012 N.Y. Slip Op. 2247 (N.Y. 2012) Cited 36 times
Rejecting claim that prosecutor can “choose not to proceed with” a charged count
People v. Leon
7 N.Y.3d 109 (N.Y. 2006) Cited 33 times
In Leon itself, the Court upheld the dismissal of a non-inclusive lesser offense where submission of the offense to the jury would have distracted it from its primary fact-finding function.

The People, Respondent,v.Mark Boyd, Appellant.

13 Cited authorities

Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

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 evidence of a prompt outcry can be admitted but that "only the fact of a complaint, not its accompanying details, may be elicited"

Rejecting "clear link" test of earlier cases in favor of the "general balancing analysis that governs the admissibility of all evidence"

Holding that the admission of a 911 tape that satisfied the requirements of the present sense impression exception was not improper bolstering where the witness was also available to testify

In Nieves, as in Tates, the theory argued by the People on appeal had been expressly disclaimed by the prosecutor during the evidentiary hearing (see People v Nieves, 67 N.Y.2d at 129-130).

Holding that juries should not be permitted to consider a lesser-included offense until after they unanimously find defendant not guilty of the greater offense

Rejecting claim that prosecutor can “choose not to proceed with” a charged count

In Leon itself, the Court upheld the dismissal of a non-inclusive lesser offense where submission of the offense to the jury would have distracted it from its primary fact-finding function.