42 Cited authorities

General Electric Co. v. Joiner
522 U.S. 136 (1997) Cited 4,855 times 41 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Till v. SCS Credit Corp.
541 U.S. 465 (2004) Cited 646 times 34 Legal Analyses
Holding that the prime-plus approach should be used to determine the proper interest rate
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,685 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
Murphy v. Waterfront Comm'n
378 U.S. 52 (1964) Cited 1,089 times 3 Legal Analyses
Holding that the defendants could be compelled to answer the Government's questions because a grant of state-law immunity shielded them from the use of their testimony and its fruits in federal court
People v. Alvino
71 N.Y.2d 233 (N.Y. 1987) Cited 1,070 times 2 Legal Analyses
Holding that evidence of similar uncharged crimes is excluded for policy reasons because it may induce the jury to base a finding of guilt on collateral matters
People v. Ventimiglia
52 N.Y.2d 350 (N.Y. 1981) Cited 1,264 times 3 Legal Analyses
Holding that the government is required to obtain advance judicial approval for the admission of other crimes/bad acts evidence
People v. Gonzalez
68 N.Y.2d 424 (N.Y. 1986) Cited 985 times 2 Legal Analyses
In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.
El-Dehdan v. El-Dehdan
2015 N.Y. Slip Op. 7579 (N.Y. 2015) Cited 359 times
In El-Dehdan v. El-Dehdan (26 N.Y.3d 19, 29), the Court of Appeals, citing McCormick, held that the elements necessary to establish civil contempt under Judiciary Law § 753(A)(3) are as follows: First, "it must be determined that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect."
People v. Cass
2012 N.Y. Slip Op. 1144 (N.Y. 2012) Cited 179 times
2012-02-16 The PEOPLE of the State of New York, Respondent, v. Mickey CASS, Appellant. Appellate Advocates, New York City (Warren S. Landau and Lynn WL. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Joyce Slevin, Leonard Joblove and Victor Barall of counsel), for respondent. JONES Appellate Advocates, New York City (Warren S. Landau and Lynn WL. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Joyce Slevin, Leonard Joblove and Victor
People v. Allweiss
48 N.Y.2d 40 (N.Y. 1979) Cited 444 times 1 Legal Analyses
In People v. Allweiss, 396 N.E.2d 735 (N.Y. 1979), the defendant appealed his conviction for second degree murder, arguing, among other things, that results of microscopic hair analysis are no more reliable than lie detector evidence and should be inadmissible.
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,663 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,400 times 174 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,369 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

The People, Respondent,v.Lawrence P. Frumusa,, Appellant.

42 Cited authorities

Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

Holding that the prime-plus approach should be used to determine the proper interest rate

Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Holding that the defendants could be compelled to answer the Government's questions because a grant of state-law immunity shielded them from the use of their testimony and its fruits in federal court

Holding that evidence of similar uncharged crimes is excluded for policy reasons because it may induce the jury to base a finding of guilt on collateral matters

Holding that the government is required to obtain advance judicial approval for the admission of other crimes/bad acts evidence

In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.

In People v. Allweiss, 396 N.E.2d 735 (N.Y. 1979), the defendant appealed his conviction for second degree murder, arguing, among other things, that results of microscopic hair analysis are no more reliable than lie detector evidence and should be inadmissible.

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"