23 Cited authorities

  1. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,681 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"
  2. 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"
  3. People v. Kennedy

    68 N.Y.2d 569 (N.Y. 1986)   Cited 340 times
    Declining to decide whether expert testimony ever would suffice to lay a foundation for the business records exception, and holding that documents should not have been admitted where expert's testimony failed to establish that it was the regular course of the subject business to make the records in question
  4. People v. Santiago

    52 N.Y.2d 865 (N.Y. 1981)   Cited 382 times
    Holding that the failure to make "an application seeking further or more complete instructions" precluded defendant from "assert[ing] the inadequacy of such instructions as error on appeal"
  5. In re Leon RR

    48 N.Y.2d 117 (N.Y. 1979)   Cited 356 times
    In Matter of Leon R.R., 48 N.Y.2d 117 (1979), the Court of Appeals found the wholesale admission of a child's entire case file, replete with inadmissible hearsay, maintained by the St. Lawrence County Department of Social Services as a business record required reversal in a termination of parental rights proceeding.
  6. U.S. v. Byers

    649 F.3d 197 (4th Cir. 2011)   Cited 101 times
    Concluding that evidence may be necessary under Rule 404(b) when credibility of witness is at issue
  7. People v. Ortega

    2010 N.Y. Slip Op. 8608 (N.Y. 2010)   Cited 101 times
    In Ortega, the Court of Appeals confirmed a recent expansion of the exception to include even statements about the identity of the perpetrator, where such statements are germane to mental health treatment, safety planning, and other forms of medical and mental health services.
  8. People v. Huertas

    75 N.Y.2d 487 (N.Y. 1990)   Cited 112 times
    Defining hearsay
  9. State v. Butler

    296 Conn. 62 (Conn. 2010)   Cited 51 times
    Applying collective knowledge doctrine to determination of whether police had reasonable and articulable suspicion for protective search of defendant's vehicle
  10. People v. Nichol

    121 A.D.3d 1174 (N.Y. App. Div. 2014)   Cited 30 times

    2014-10-16 The PEOPLE of the State of New York, Respondent, v. Michael NICHOL, Appellant. James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. GARRY James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. Before: PETERS, P.J., STEIN, GARRY, EGAN