People v. Gonzalez
68 N.Y.2d 424 (N.Y. 1986) Cited 984 times 2 Legal AnalysesIn People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.
People v. Whalen
59 N.Y.2d 273 (N.Y. 1983) Cited 446 times 1 Legal AnalysesIn Whalen, the defendant argued that identification evidence is "always suspect, so that, when a trial involves a close question of identity, the jury should receive an instruction emphasizing the scrutiny to be given to such evidence.
People v. Hayes
2011 N.Y. Slip Op. 3887 (N.Y. 2011) Cited 103 timesNo. 79. Argued March 23, 2011. Decided May 10, 2011. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered April 6, 2010. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Ronald A. Zweibel, J.), which had convicted defendant, upon a jury verdict, of assault in the second degree and criminal possession of a weapon in the fourth degree. People v Hayes
People v. Handy
2013 N.Y. Slip Op. 2103 (N.Y. 2013) Cited 81 timesIn Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).
U.S. v. Rose
104 F.3d 1408 (1st Cir. 1997) Cited 93 times 1 Legal AnalysesHolding that a court may hold that an error was harmless even if the government does not make that argument, because of the seemingly mandatory text of Fed.R.Crim.P. 52 and the policy interest in conserving judicial resources
People v. James
93 N.Y.2d 620 (N.Y. 1999) Cited 83 timesEmphasizing lack of motivation to lie to trusted friend
People v. Saunders
64 N.Y.2d 665 (N.Y. 1984) Cited 112 timesArgued November 12, 1984 Decided December 11, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John R. Starkey, J. Elizabeth Holtzman, District Attorney ( Evan Wolfson and Barbara D. Underwood of counsel), for appellant. Edwin Ira Schulman for respondents. MEMORANDUM. The order of the Appellate Division should be reversed and the matter remitted to it for a review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]) and for consideration
People v. Knight
87 N.Y.2d 873 (N.Y. 1995) Cited 75 timesArgued November 27, 1995 Decided December 27, 1995 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Dominic R. Massaro, J. Elizabeth Sack Felber, New York City, and Daniel L. Greenberg for appellant. Robert T. Johnson, District Attorney of Bronx County, Bronx (Lisa I. Cuevas, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Defendant has been convicted of criminal sale
People v. Reid
69 N.Y.2d 469 (N.Y. 1987) Cited 57 timesIn Reid, however, we chose not to resolve this issue, focusing instead on "whether a good-faith claim of right, which negates larcenous intent in certain thefts, also negates the intent to commit robbery by a defendant who uses force to recover cash allegedly owed him" (id. at 472 [citation omitted]).
The People v. McMillon
77 A.D.3d 1375 (N.Y. App. Div. 2010) Cited 18 timesNo. KA 09-00533. October 1, 2010. Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered February 26, 2009. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed. EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (BRIAN SHIFFRIN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY