§Why CasetextPricing

The People, Respondent,v.Curtis Basile, Appellant.

Brief

35 Cited authorities

  1. Staples v. United States

    511 U.S. 600 (1994)   Cited 1,187 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic

  2. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,754 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"

  3. Hurrell-Harring v. State

    2010 N.Y. Slip Op. 3798 (N.Y. 2010)   Cited 234 times   1 Legal Analyses
    Holding that allegations that "counsel was simply not provided at critical stages of the proceedings . . . state[d] a claim, not for ineffective assistance under Strickland, but for basic denial of the right to counsel under Gideon"

  4. People v. Arafet

    2009 N.Y. Slip Op. 7482 (N.Y. 2009)   Cited 159 times

    No. 142. Argued September 17, 2009. Decided October 22, 2009. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered August 21, 2008. The Appellate Division affirmed a judgment of the Schenectady County Court (Polly A. Hoye, J.), which had convicted defendant, upon a jury verdict, of grand larceny in the first degree and criminal possession of stolen property in the first degree. People v Arafet, 54

  5. In re Walton

    2009 N.Y. Slip Op. 8665 (N.Y. 2009)   Cited 121 times
    In Walton, the Department of Correctional Services contracted with a telecommunications company to provide phone service in prisons.

  6. Albany Law Sch. v. New York State Office of Mental Retardation & Developmental Disabilities

    2012 N.Y. Slip Op. 3227 (N.Y. 2012)   Cited 109 times

    No. 65 04-26-2012 In the Matter of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents. Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights Network et al., amici curiae. GRAFFEO Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights

  7. People v. Williams

    81 N.Y.2d 303 (N.Y. 1993)   Cited 117 times   1 Legal Analyses
    In People v Williams (81 NY2d 303 [1993]), we observed that although "the statute by its terms requires an offer of proof only when a court decides to grant a defense motion... [it] is designed to protect the rights and interests of defendants as well as the interests of victims.

  8. People v. Baret

    2014 N.Y. Slip Op. 4872 (N.Y. 2014)   Cited 43 times
    In Baret, the Court of Appeals examined whether to retroactively apply the Sixth Amendment requirement that criminal defense counsel advise noncitizen clients about the risk of deportation arising from a guilty plea provided for in Padilla v Kentucky, 559 U.S. 356 (2010).

  9. Clark v. Cuomo

    66 N.Y.2d 185 (N.Y. 1985)   Cited 92 times
    Noting that the executive order required State agencies to make voter registration forms available through their staffs and provide assistance in completing the forms

  10. People v. Johnson

    2014 N.Y. Slip Op. 2217 (N.Y. 2014)   Cited 24 times
    Holding that the refusal to move when asked to do so by police did not provide probable cause for an arrest because there was no public harm

  11. Section 15.05 - Culpability; definitions of culpable mental states

    N.Y. Penal Law § 15.05   Cited 805 times   2 Legal Analyses
    Defining “recklessly”

  12. Section 42 - Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

    18 U.S.C. § 42   Cited 423 times   1 Legal Analyses

    (a) (1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called "flying foxes" or fruit bats of the genus Pteropus; of the zebra mussel

  13. Section 353 - Overdriving, torturing and injuring animals; failure to provide proper sustenance

    N.Y. Agric. & Mkts. Law § 353   Cited 144 times
    Criminalizing various forms of animal cruelty and neglect

  14. Section 15.15 - Construction of statutes with respect to culpability requirements

    N.Y. Penal Law § 15.15   Cited 92 times

    1. When the commission of an offense defined in this chapter, or some element of an offense, requires a particular culpable mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms "intentionally," "knowingly," "recklessly" or "criminal negligence," or by use of terms, such as "with intent to defraud" and "knowing it to be false," describing a specific kind of intent or knowledge. When one and only one of such terms appears in a statute defining

  15. Section 353-A - Aggravated cruelty to animals

    N.Y. Agric. & Mkts. Law § 353-A   Cited 37 times

    1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner. 2. Nothing contained in this section shall be construed to prohibit or interfere in

  16. Section 350 - Definitions

    N.Y. Agric. & Mkts. Law § 350   Cited 34 times
    Defining "animal" as including "every living creature except a human being"

  17. Section 12-B - Wilful violation of health laws

    N.Y. Pub. Health Law § 12-B   Cited 34 times

    1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor; except, however, that where such order or regulation applies to a tenant with respect to his own dwelling unit or to an owner occupied one or two family dwelling, such person is guilty of an offense for the first violation punishable by a fine not to exceed fifty dollars and for a second or subsequent violation

  18. Section 353-B - Appropriate shelter for dogs left outdoors

    N.Y. Agric. & Mkts. Law § 353-B   Cited 11 times

    1. For purposes of this section: (a) "Physical condition" shall include any special medical needs of a dog due to disease, illness, injury, age or breed about which the owner or person with custody or control of the dog should reasonably be aware. (b) "Inclement weather" shall mean weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or extreme heat and cold. (c) "Dogs that are left outdoors" shall mean

  19. Section 43 - Evidence

    N.Y. Agric. & Mkts. Law § 43   Cited 6 times

    The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed to be done shall be evidence of a violation of the provisions of the chapter relative to the thing so directed to be done. The intent of any person doing or omitting to do any such act is immaterial in any prosecution for a violation of the provisions of this chapter. Any person who suffers, permits or allows

  20. Section 353-D - Confinement of companion animals in vehicles: extreme temperatures

    N.Y. Agric. & Mkts. Law § 353-D   Cited 3 times

    1. A person shall not confine a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold. 2. Where the operator of such a vehicle cannot be promptly located, a police officer, peace officer, peace officer acting as an agent of a duly incorporated humane society, emergency