24 Cited authorities

  1. People v. Luperon

    85 N.Y.2d 71 (N.Y. 1995)   Cited 339 times
    Finding an issue unpreserved because the legal grounds presented to the trial court in favor of a requested ruling differed from the legal grounds raised on appeal regarding the same ruling
  2. People v. Lawrence

    64 N.Y.2d 200 (N.Y. 1984)   Cited 187 times

    Argued November 20, 1984 Decided December 27, 1984 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Frederic S. Berman, J. Barry Stendig and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney ( Oscar Garcia-Rivera and Robert M. Pitler of counsel), for respondent. SIMONS, J. Defendant has been convicted of attempted murder in the second degree, assault in the second degree and criminal possession of a weapon in the second degree.

  3. People v. Michael

    48 N.Y.2d 1 (N.Y. 1979)   Cited 213 times
    Finding no "manifest necessity" where mistrial declared due to the absence of the defendant's attorney because of a death in the family and the court's belief that the trial had to terminate by the end of the week because the court and several jury members had vacation plans
  4. People v. Padro

    75 N.Y.2d 820 (N.Y. 1990)   Cited 158 times

    Argued January 4, 1990 Decided February 8, 1990 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Budd G. Goodman, J. Myron Beldock and Lee F. Bantle for appellant. Robert M. Morgenthau, District Attorney (Patrick J. Hynes and Donald J. Siewert of counsel), for respondent. Order affirmed. A postverdict motion made pursuant to CPL 330.30 is not, by itself, ordinarily sufficient to preserve a "question of law" within the meaning of CPL 470.05 (2) and inasmuch

  5. People v. Beasley

    16 N.Y.3d 289 (N.Y. 2011)   Cited 76 times

    Jeremy Gutman, New York City, for appellant. Charles J. Hynes, District Attorney, Brooklyn (Ann Bordley and Leonard Joblove of counsel), for respondent. OPINION CIPARICK, J. On May 5, 2005, defendant Lamont Beasley was arraigned on a felony complaint charging him with criminal possession of a controlled substance in the second degree and lesser offenses. The matter was presented to a grand jury and, on May 27, 2005, an indictment was filed and the People announced their readiness for trial. On June

  6. People v. Cona

    49 N.Y.2d 26 (N.Y. 1979)   Cited 181 times   1 Legal Analyses
    In People v Cona (49 NY2d 26, 37), the Court stated, "[t]his is not a crippling requirement and serves to assure the reliability of evidence furnished by a witness who must be perceived as possibly laboring under considerable inducements to favor the prosecution."
  7. People v. Autry

    75 N.Y.2d 836 (N.Y. 1990)   Cited 127 times

    Argued January 10, 1990 Decided February 13, 1990 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Eugene Nardelli, J. Francis A. Brady, III, and Philip L. Weinstein for appellants in the first and second above-entitled actions. Francis A. Brady, III, Philip L. Weinstein and Sara Bennett for appellant in the third above-entitled action. John J. Santucci, District Attorney, Queens County (Seymour Roth of counsel), for appellant in the fourth above-entitled

  8. People v. Hampton

    2013 N.Y. Slip Op. 3936 (N.Y. 2013)   Cited 52 times

    2013-06-4 The PEOPLE of the State of New York, Respondent, v. Grady HAMPTON, Appellant. Frankie & Gentile, P.C., Mineola (Joseph A. Gentile of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola (Barbara Kornblau, Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent. READ Frankie & Gentile, P.C., Mineola (Joseph A. Gentile of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola (Barbara Kornblau, Tammy J. Smiley and Judith R. Sternberg of counsel)

  9. People v. Prado

    4 N.Y.3d 725 (N.Y. 2004)   Cited 68 times
    Holding that the defendant's claim on appeal of judicial bias in bench trial was unpreserved for appellate review
  10. People v. Davidson

    98 N.Y.2d 738 (N.Y. 2002)   Cited 59 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