§Why CasetextPricing

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

Brief

20 Cited authorities

  1. Schall v. Martin

    467 U.S. 253 (1984)   Cited 645 times   2 Legal Analyses
    Holding that protecting the community from crime is a compelling interest

  2. Colautti v. Franklin

    439 U.S. 379 (1979)   Cited 712 times   2 Legal Analyses
    Holding an abortion statute that imposed strict liability was impermissibly vague where it was "unclear whether the statute imports a purely subjective standard, or whether it imposes a mixed subjective and objective standard."

  3. United States v. Menasche

    348 U.S. 528 (1955)   Cited 742 times   4 Legal Analyses
    Rejecting an interpretation of a statutory provision that would nullify the effect of another provision

  4. 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).

  5. People v. Baumann Sons

    2006 N.Y. Slip Op. 2234 (N.Y. 2006)   Cited 98 times

    42. Argued February 15, 2006. Decided March 23, 2006. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Term of the Supreme Court in the Second Judicial Department, entered April 6, 2005. The Appellate Term (1) reversed, on the law, a judgment of the District Court of Suffolk County (James P. Flanagan, J.), which had convicted defendant, after a nonjury trial, of violating Islip Town Code § 35-3 (D), (2) dismissed the information and (3) remitted

  6. Town of Islip v. Caviglia

    73 N.Y.2d 544 (N.Y. 1989)   Cited 91 times
    Finding zoning ordinance that limited the location of certain land uses did not violate the plaintiff's free speech rights

  7. People v. Davidson

    98 N.Y.2d 738 (N.Y. 2002)   Cited 60 times
    Holding that a constitutional challenge first raised in a N.Y. Crim. Proc. Law § 330.30 motion was too late to preserve the issue for appellate review

  8. 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

  9. Della Pietra v. State

    71 N.Y.2d 792 (N.Y. 1988)   Cited 65 times

    Argued April 21, 1988 Decided June 9, 1988 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert M. Quigley, J. Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant. James M. Hartman and Philip G. Spellane for respondents. HANCOCK, JR., J. Claimants have recovered a judgment against the State for damages to their business resulting from actions of the New York State Organized Crime Task Force

  10. People v. Romero

    91 N.Y.2d 750 (N.Y. 1998)   Cited 42 times   1 Legal Analyses

    Argued June 1, 1998 Decided July 1, 1998 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Michael D. Jurena, Albany, for appellant. Dennis C. Vacco, Attorney-General, New York City (Edward D. Saslaw, Barbara G. Billet, Christopher G. Quinn, Christine Duisin, Jill Gross Marks, Nancy D. Snyder, Joseph J. Hester and Rick Goodell of counsel), for respondent. Jonathan E. Gradess, Albany, and Alfred O'Connor for New York State Defenders Association, amicus curiae