52 Cited authorities

  1. People v. Walker

    83 N.Y.2d 455 (N.Y. 1994)   Cited 523 times
    Noting the general rule that "the nature and extent of cross-examination are matters that are entrusted to the sound discretion of the trial court"
  2. People v. Guidice

    83 N.Y.2d 630 (N.Y. 1994)   Cited 440 times
    In People v. Guidice, 83 N.Y.2d 630, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994], the victim was punched in the face and hit in the arm with a baseball bat.
  3. People v. Dorm

    2009 N.Y. Slip Op. 1065 (N.Y. 2009)   Cited 268 times
    Finding no error in trial court's admission of evidence of previous arguments and conflicts between the victim and the defendant because evidence, among other things, “provided necessary background information on the nature of the relationship and placed the charged conduct in context”
  4. Allen v. United States

    164 U.S. 492 (1896)   Cited 2,811 times   3 Legal Analyses
    Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively
  5. People v. Barnes

    50 N.Y.2d 375 (N.Y. 1980)   Cited 443 times   2 Legal Analyses
    Holding that the relevant "moral certainty" standard "does not apply to a situation where, as here, both direct and circumstantial evidence are employed to demonstrate a defendant's culpability"
  6. People v. Ford

    66 N.Y.2d 428 (N.Y. 1985)   Cited 352 times
    Retaining the charge because it emphasizes the need for careful reasoning and "forecloses danger . . . that the trier of facts may leap logical gaps in the proof offered and draw unwarranted conclusion based on probabilities of low degree"
  7. People v. Daddona

    81 N.Y.2d 990 (N.Y. 1993)   Cited 156 times

    Argued February 18, 1993 Decided May 6, 1993 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Fisher, J. Mahler Harris, P.C., Kew Gardens (Stephen R. Mahler of counsel), for appellant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Kenneth B. Russo and Barbara D. Underwood of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Upon a jury verdict, defendant was convicted of several counts of possession

  8. People v. Sanchez

    61 N.Y.2d 1022 (N.Y. 1984)   Cited 182 times
    In People v Sanchez (61 N.Y.2d 1022, 1024), we held that it was not necessary that a circumstantial evidence charge use the words "moral certainty" but emphasized that "the jury should be instructed in substance that it must appear that the inference of guilt is the only one that can fairly and reasonably be drawn from the facts, and that the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence."
  9. People v. Olivo

    52 N.Y.2d 309 (N.Y. 1981)   Cited 183 times
    Finding sufficient evidence for petit larceny conviction where store security guard observed defendant conceal set of wrenches and pass cash registers without stopping to pay
  10. People v. Hoke

    62 N.Y.2d 1022 (N.Y. 1984)   Cited 138 times

    Argued May 10, 1984 Decided July 2, 1984 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John J. Clyne, J. Sol Greenberg, District Attorney ( George H. Barber of counsel), for appellant. Douglas P. Rutnik, Public Defender ( Shawn D. Flaherty of counsel), for respondent. MEMORANDUM. The appeal should be dismissed. Although the Appellate Division order states that reversal of defendant's conviction was on the law, the opinion reveals that it was in fact based