7 Cited authorities

  1. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,272 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.
  2. People v. Velasco

    77 N.Y.2d 469 (N.Y. 1991)   Cited 280 times
    Holding that defendant's presence not required for charging conference in robing room attended by attorneys for both sides involving only questions of law and procedure
  3. People v. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 132 times
    In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."
  4. Smalls v. Batista

    191 F.3d 272 (2d Cir. 1999)   Cited 108 times
    Holding that Allen charge was coercive after examining charge "as a part of the whole instruction, and indeed, as part of all the proceedings that were observed by the jury"
  5. People v. De Lucia, Montella

    20 N.Y.2d 275 (N.Y. 1967)   Cited 148 times
    In De Lucia a majority of this court determined that a new trial was not required unless it was found that the unauthorized jury view actually took place.
  6. People v. Aponte

    2 N.Y.3d 304 (N.Y. 2004)   Cited 39 times
    Reminding trial court "that criminal jury instructions generally are not fertile ground for innovation during trial"
  7. United States v. McDonald

    759 F.3d 220 (2d Cir. 2014)   Cited 13 times
    Upholding supplemental instruction that jury was “to continue to deliberate to see whether you can reach a unanimous verdict, in light of all the instructions that I have given you”