§Why CasetextPricing

The People, Respondent,v.Benny Garay, Appellant.

Brief

53 Cited authorities

  1. Waller v. Georgia

    467 U.S. 39 (1984)   Cited 2,091 times   14 Legal Analyses
    Holding that a defendant's public trial right was violated even though the district court released a transcript of the closed proceedings to the public

  2. Presley v. Georgia

    558 U.S. 209 (2010)   Cited 633 times   8 Legal Analyses
    Holding that the Sixth Amendment applies to jury selection

  3. Press-Enterprise Co. v. Superior Court

    478 U.S. 1 (1986)   Cited 1,215 times   6 Legal Analyses
    Holding that a criminal proceeding may be closed to protect the accused's right to a fair trial only if doing so is "narrowly tailored to serve that interest," meaning that "there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent" and that "reasonable alternatives to closure cannot adequately protect the defendant's fair trial rights" (quoting Press-Enter. Co. v. Superior Ct., 464 U.S. 501, 510, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) )

  4. In re Oliver

    333 U.S. 257 (1948)   Cited 1,697 times   3 Legal Analyses
    Holding this right to be binding on the states through the due process clause of the Fourteenth Amendment

  5. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 626 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

  6. People v. Mendoza

    82 N.Y.2d 415 (N.Y. 1993)   Cited 530 times   4 Legal Analyses
    Finding that based on state statute, a defendant making a motion to suppress evidence must plead precise facts demonstrating an expectation of privacy, while a defendant need not do so when challenging a pretrial identification because "in many instances defendant simply does not know the facts surrounding certain pretrial identification procedures, such as photo arrays . . . [whereas it is a] defendant alone who actually knows his or her connection with the searched area"

  7. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 571 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

  8. People v. Rosario

    9 N.Y.2d 286 (N.Y. 1961)   Cited 1,652 times
    Holding that trial court erred by failing to compel prosecution to turn over witnesses' prior statements relating to their trial testimony

  9. People v. Buford

    69 N.Y.2d 290 (N.Y. 1987)   Cited 426 times
    Holding that the trial court's reasons for its determination following a Buford inquiry should be placed on the record

  10. People v. Bing

    76 N.Y.2d 331 (N.Y. 1990)   Cited 310 times
    In Bing, the New York Court of Appeals held that a criminal defendant, who had been represented by counsel on prior pending unrelated charges, was not deprived of the right to counsel under the State Constitution where, in the absence of counsel, the defendant waived his or her Miranda rights and made statements in response to police questioning on matters unrelated to the prior pending charge.

  11. Section 20 - Cession without reservation

    N.Y. State Law § 20   Cited 8 times

    Title and jurisdiction has been ceded to the United States by this state as follows: 1. Little island in Hudson river. A tract of land known as Little island, in the Hudson river, opposite New Baltimore, acquired by the United States for a light-house site and keepers' dwellings. 2. Lands in West Oswego. For the purpose of excavating and removing the same, to improve the navigation of the Oswego river, all the right and title of the state of New York in and to the following described property, namely: