18 Cited authorities

  1. United States v. Morrison

    449 U.S. 361 (1981)   Cited 995 times   1 Legal Analyses
    Holding that "[c]ases involving Sixth Amendment deprivations are subject to the general rule that remedies should be tailored to the injury suffered from the constitutional violation"
  2. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,515 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.
  3. People v. Harrison

    57 N.Y.2d 470 (N.Y. 1982)   Cited 237 times
    In People v. Harrison (57 N.Y.2d 470, 476), the Court of Appeals held that: "Confining the occupants to the car, even temporarily, is at least equivalent to a stop.
  4. People v. Hernandez

    2013 N.Y. Slip Op. 7658 (N.Y. 2013)   Cited 72 times

    2013-11-19 The PEOPLE of the State of New York, Respondent, v. Felix HERNANDEZ, Appellant. Steven Banks, The Legal Aid Society, New York City (Bonnie C. Brennan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Hope Korenstein and Patrick J. Hynes of counsel), for respondent. Steven Banks, The Legal Aid Society, New York City (Bonnie C. Brennan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Hope Korenstein and Patrick J. Hynes of

  5. Mask v. McGinnis

    233 F.3d 132 (2d Cir. 2000)   Cited 103 times   2 Legal Analyses
    Holding under AEDPA that the “state court's determination of factual issues ... were so closely intertwined with the state court's articulation of an erroneous legal standard, to which we owe no deference, that we can discern no independent factual issues to which we should defer”
  6. U.S. v. Williams

    372 F.3d 96 (2d Cir. 2004)   Cited 77 times   1 Legal Analyses
    Holding that a waiver was not knowing and intelligent where the defendant was unaware of the extent of his lawyer's prior criminal activities or that his lawyer was the subject of a grand jury investigation and there was no evidence defendant knew how these facts might translate into a conflict of interest
  7. People v. Howard

    2013 N.Y. Slip Op. 7824 (N.Y. 2013)   Cited 49 times
    In People v. Howard, 22 N.Y.3d 388, 981 N.Y.S.2d 310, 4 N.E.3d 320 (2013), among the issues between the Court's majority and the dissent was whether the Court had adopted a bright-line of two hours of separation between the crime and the showup in determining whether the showup was proper.
  8. People v. Abar

    99 N.Y.2d 406 (N.Y. 2003)   Cited 51 times
    Affirming where the record showed a former prosecutor's "conflict did not operate on the defense"
  9. U.S. v. Carmichael

    216 F.3d 224 (2d Cir. 2000)   Cited 53 times
    Finding plain error when supervised release term exceeded term allowed by guidelines
  10. People v. Adams

    2013 N.Y. Slip Op. 2107 (N.Y. 2013)   Cited 28 times
    In Adams, the Court ruled that the prosecutor's refusal to permit defendant to plead guilty to a lesser charge because the complainant, a sitting judge, opposed it, was one of the “rare” instances where the appearance of impropriety mandated disqualification.