12 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 70,285 times   17 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  2. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 7,264 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"
  3. People v. Manini

    79 N.Y.2d 561 (N.Y. 1992)   Cited 361 times   5 Legal Analyses
    In Manini, while the Court rejected the claim that the defendant in California was in constructive possession of the cocaine in New York, it was because the record failed to establish that Manini exercised any type of ongoing authority over the middleman to whom he had sold the cocaine; the problem was not that the drugs were in New York and Manini in California, but that Manini did not maintain continued dominion and control over the middleman or the cocaine.
  4. People v. Delamota

    2011 N.Y. Slip Op. 8225 (N.Y. 2011)   Cited 173 times   1 Legal Analyses
    Expressing skepticism about lineup procedures because, among other concerns, family member with prior exposure to perpetrator had to translate for witness
  5. People v. Acosta

    80 N.Y.2d 665 (N.Y. 1993)   Cited 162 times
    Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"
  6. People v. Reisman

    29 N.Y.2d 278 (N.Y. 1971)   Cited 240 times
    In People v Reisman (29 N.Y.2d 278, 285), the Court of Appeals noted that "[k]nowledge, of course, may be shown circumstantially by conduct or directly by admission" and, generally, "possession suffices to permit the inference that the possessor knows what he possesses, especially, but not exclusively, if it is in his hands, on his person, in his vehicle, or on his premises" (see also, People v Tirado, 47 A.D.2d 193, affd 38 N.Y.2d 955).
  7. People v. Torres

    68 N.Y.2d 677 (N.Y. 1986)   Cited 89 times   1 Legal Analyses
    In Torres, similar evidence was considered legally sufficient to support a conviction for possession of narcotics even though the defendant was in Puerto Rico at the time his apartment in Manhattan was raided.
  8. People v. Diaz

    100 A.D.3d 446 (N.Y. App. Div. 2012)   Cited 8 times

    2012-11-13 The PEOPLE of the State of New York, Respondent, v. Sandra DIAZ, Defendant–Appellant. Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent. GONZALEZ Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent

  9. People v. Edwards

    38 A.D.3d 1133 (N.Y. App. Div. 2007)   Cited 11 times

    No. 15359. March 29, 2007. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 8, 2004, upon a verdict convicting defendant of the crimes of rape in the second degree, unlawfully dealing with a child in the first degree and endangering the welfare of a child. Andrew Kossover, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant. Donald A. Williams, District Attorney, Kingston (Jason J. Kovacs of counsel), for respondent. Before: Crew

  10. People v. Fiedler

    286 N.E.2d 878 (N.Y. 1972)   Cited 9 times
    In Fiedler, the defendant, Leslie A. Fiedler, a writer and university professor, resided with his wife and their children in a house in Buffalo, New York. Six police officers conducted a search of the home pursuant to a warrant and found marijuana and observed several of the children smoking marijuana.
  11. Section 163.547 - Child neglect in the first degree

    Or. Rev. Stat. § 163.547   Cited 22 times
    Defining that offense