§Why CasetextPricing

The People, Respondent,v.Thomas Horton, Appellant.

Brief

13 Cited authorities

  1. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 11,296 times   3 Legal Analyses
    Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"

  2. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,945 times   1 Legal Analyses
    Holding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"

  3. Lovell v. Griffin

    303 U.S. 444 (1938)   Cited 940 times
    Holding that the First Amendment's prohibitions also apply to state and local government rule-makers

  4. State v. Kilburn

    151 Wn. 2d 36 (Wash. 2004)   Cited 174 times
    Holding that the inquiry is "whether a reasonable person in the defendant’s place would foresee that in context the listener would interpret the statement as a serious threat or a joke"

  5. State v. Schaler

    169 Wn. 2d 274 (Wash. 2010)   Cited 110 times
    Holding that felony harassment statute proscribes only “true threats”

  6. People v. Dietze

    75 N.Y.2d 47 (N.Y. 1989)   Cited 195 times
    Reversing a harassment charge where "[t]here is nothing in the record demonstrating that defendant's statement that she would 'beat the crap out of [complainant] some day or night in the street' was either serious, should reasonably have been taken to be serious, or was confirmed by other words or acts showing that it was anything more than a crude outburst"

  7. People v. Giuliano

    65 N.Y.2d 766 (N.Y. 1985)   Cited 90 times   1 Legal Analyses

    Argued April 25, 1985 Decided June 11, 1985 Appeal from the Appellate Division of the Supreme Court, John P. Collins, J. Mark M. Baker and Barry Ivan Slotnick for appellant. Mario Merola, District Attorney ( Peter S. Baranowicz and Jeremy Gutman of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, the conviction vacated and the indictment dismissed. Defendant was accused of killing Frank Cirillo during the early morning of Sunday, March 7, 1982. He was

  8. People ex Rel. MacCracken v. Miller

    291 N.Y. 55 (N.Y. 1943)   Cited 257 times
    In People ex rel. MacCracken v. Miller (291 N.Y. 55, 63) the Court of Appeals said: "* * * A very considerable number of sales of similar property made within a few months at comparable prices are evidence that willing sellers found buyers ready to pay a price based upon the probability of future profit from the investment, but found few if any ready buyers who would pay a higher price to obtain the property for immediate use. * * *."

  9. People v. Kidd

    76 A.D.2d 665 (N.Y. App. Div. 1980)   Cited 73 times
    Reversing and dismissing indictment where there was "a grave risk that an innocent man has been convicted"

  10. People v. Welte

    31 Misc. 3d 867 (N.Y. Just. Ct. 2011)

    2011-04-7 The PEOPLE of the State of New York, Plaintiff,v.Carl M. WELTE, Defendant. Jimmie C. McCurdy, Esq., Assistant District Attorney. Robert D. O'Connell, Esq., Attorney for Defendant. THOMAS J. DiSALVO, J. Jimmie C. McCurdy, Esq., Assistant District Attorney. Robert D. O'Connell, Esq., Attorney for Defendant.THOMAS J. DiSALVO, J. Facts of the Case. Thomas J. DiSalvo, J. The defendant was charged with Criminal Contempt in the Second Degree in violation of P.L. 215.50(3) and Stalking in the Fourth