§Why CasetextPricing

The People, Respondent,v.Martesha Davidson, Appellant.

Brief

31 Cited authorities

  1. People v. Fuller

    57 N.Y.2d 152 (N.Y. 1982)   Cited 252 times
    In People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253 (1982), the New York Court of Appeals applied a narrow exception to the preservation doctrine in a case where the trial court exceeded its statutory authority, thereby levying an unlawful sentence. Id. at 156-59, 455 N.Y.S.2d at 255-56; accord, e.g., People v. Samms, 95 N.Y.2d 52, 55-56, 710 N.Y.S.2d 310, 312-313 (2000) (failure to object at the time of sentencing did not render the challenge unpreserved, because the sentence was imposed in violation of a statutory mandate and therefore was unauthorized).

  2. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 237 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).

  3. People v. Correa

    2010 N.Y. Slip Op. 4662 (N.Y. 2010)   Cited 70 times   1 Legal Analyses
    In People v Correa (supra, 15 NY3d at 224), the Court of Appeals noted the existence of this open question but did not decide it.

  4. People v. Zimmer

    51 N.Y.2d 390 (N.Y. 1980)   Cited 136 times
    Holding that the prosecutor, who was counsel to and stockholder in the corporation that the defendant was alleged to have harmed should have recused himself

  5. People v. Soddano

    86 N.Y.2d 727 (N.Y. 1995)   Cited 68 times
    Holding that it was permissible for the district attorney to delegate the prosecution of the traffic infraction to the complainant state trooper

  6. Matter of Haggerty v. Himelein

    89 N.Y.2d 431 (N.Y. 1997)   Cited 56 times

    Argued January 8, 1997 Decided February 6, 1997 APPEALS, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 31, 1996, which, in a proceeding pursuant to CPLR article 78, granted the petition to the extent of prohibiting Larry M. Himelein, as Cattaraugus County Court Judge, and Michael P. Nevins, as Cattaraugus County District Attorney, from proceeding with the trial of indictment No. 95-168, and prohibiting

  7. Matter of Lorie C

    49 N.Y.2d 161 (N.Y. 1980)   Cited 77 times
    In Lorie C., supra, the court reversed a Family Court order that would have separated the responsibilities for custody and for supervision of certain delinquent children.

  8. Matter of Johnson v. Pataki

    91 N.Y.2d 214 (N.Y. 1997)   Cited 39 times
    Observing that courts are limited to examining whether the actions of the Governor, taken pursuant to an executive order, are constitutional

  9. Saxton v. Carey

    44 N.Y.2d 545 (N.Y. 1978)   Cited 71 times
    In Saxton, we agreed with defendant that the degree of budget itemization was a matter calling for the exercise of judgment and discretion by the Governor and Legislature in implementing the budgetary process and that, as such, it was beyond the courts' power of review.

  10. People v. Gilmour

    98 N.Y.2d 126 (N.Y. 2002)   Cited 27 times

    49 Decided May 2, 2002. 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 Second Judicial Department, entered June 4, 2001, which (1) reversed, on the law, a judgment of the Supreme Court (Leonard P. Rienzi, J.), on pretrial motions; op 177 Misc.2d 250; Stephen J. Rooney, J., at trial), rendered in Richmond County, convicting defendant, after a nonjury trial, of 13 counts of possessing a sexual performance by a