§Why CasetextPricing

The People, Appellant,v.Kenneth Nealon, Respondent.

Brief

42 Cited authorities

  1. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 571 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

  2. People v. Malloy

    55 N.Y.2d 296 (N.Y. 1982)   Cited 483 times   1 Legal Analyses
    Holding that charge defining reasonable doubt as "a doubt for which you can conscientiously express a reason" was "neither confusing nor inaccurate"

  3. People v. Vasquez

    88 N.Y.2d 561 (N.Y. 1996)   Cited 301 times
    Holding that wad of paper towels used to gag victim during the assault was dangerous instrument

  4. People v. Payne

    88 N.Y.2d 172 (N.Y. 1996)   Cited 266 times
    In Payne, the Court of Appeals held that a trial court may render a ruling of purposeful discrimination "without hearing more discussion from either or each side" after the striking party has proffered its race-neutral reasons.

  5. People v. Velasquez

    1 N.Y.3d 44 (N.Y. 2003)   Cited 164 times   1 Legal Analyses
    Noting that a "presumption of regularity attaches to judicial proceedings," which "may be overcome only by substantial evidence," not mere speculation

  6. People v. Starling

    85 N.Y.2d 509 (N.Y. 1995)   Cited 190 times
    Holding that "the statutory definition of the term [sell] conspicuously excludes any requirement that the transfer be commercial in nature or conducted for a particular type of benefit or underlying purpose"

  7. People v. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 132 times
    In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."

  8. People v. Ciaccio

    47 N.Y.2d 431 (N.Y. 1979)   Cited 229 times   1 Legal Analyses
    Recognizing that instructions given during jury deliberations "may well be determinative of the outcome of the case, coming as they do in response to questions raised by the jurors themselves"

  9. People v. Richardson

    100 N.Y.2d 847 (N.Y. 2003)   Cited 100 times
    Implying that courts have inherent power to sua sponte vacate an illegal sentence and resentence a defendant

  10. People v. Alcide

    2013 N.Y. Slip Op. 6598 (N.Y. 2013)   Cited 74 times

    2013-10-10 The PEOPLE of the State of New York, Respondent, v. James ALCIDE, Appellant. Lynn W.L. Fahey, Appellate Advocates, New York City (Melissa S. Horlick of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Leonard Job-love and Keith Dolan of counsel), for respondent. READ Lynn W.L. Fahey, Appellate Advocates, New York City (Melissa S. Horlick of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Leonard Job-love and Keith Dolan of counsel), for respondent