9 Cited authorities

  1. People v. Alvino

    71 N.Y.2d 233 (N.Y. 1987)   Cited 985 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
  2. People v. Resek

    3 N.Y.3d 385 (N.Y. 2004)   Cited 88 times

    149. Argued October 21, 2004. Decided on November 23, 2004. Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 7, 2003. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, New York County (Dorothy Cropper, J.), which had convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree. People v. Resek

  3. People v. Williams

    56 N.Y.2d 236 (N.Y. 1982)   Cited 163 times
    Ordering a new trial because the trial judge did not "engage in any exercise of its discretionary power to weigh the various relevant factors"
  4. People v. Conyers

    52 N.Y.2d 454 (N.Y. 1981)   Cited 160 times
    In People v. Conyers, 52 N.Y.2d 454, 438 N.Y.S.2d 741, 420 N.E.2d 933 (1981), we extended that principle and held that, absent circumstances not present in that case, “our State rules of evidence preclude the use of a defendant's pretrial silence to impeach his trial testimony” (id. at 457, 438 N.Y.S.2d 741, 420 N.E.2d 933).
  5. People v. Gruden

    42 N.Y.2d 214 (N.Y. 1977)   Cited 155 times
    In People v Gruden (42 N.Y.2d 214), this court concluded that "[g]enerally hearings are not available merely for the asking [and] [w]e therefore hold that the court may summarily grant a motion to dismiss unless the papers submitted by the prosecutor show that there is a factual dispute which must be resolved at a hearing" (supra, at 217).
  6. People v. Green

    2005 N.Y. Slip Op. 8845 (N.Y. 2005)   Cited 43 times
    In People v. Green, 5 NY3d 538, the Court of Appeals explained the claim of right defense as "[A] good-faith claim that the chattel belonged to the taker, would, if believed by the jury, negate the element of larcenous intent."
  7. People v. Frumusa

    134 A.D.3d 1503 (N.Y. App. Div. 2015)   Cited 4 times

    1249 KA 13-01609. 12-31-2015 The PEOPLE of the State of New York, Respondent, v. Lawrence P. FRUMUSA, Also Known as John Doe, Defendant–Appellant. Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker of Counsel), for Respondent. Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker

  8. People v. Chesler

    50 N.Y.2d 203 (N.Y. 1980)   Cited 44 times
    Acknowledging that defendant would be retried in case where burden of proof had been impermissibly placed on defendant with respect to affirmative defense
  9. People v. Ricchiuti

    93 A.D.2d 842 (N.Y. App. Div. 1983)   Cited 28 times   1 Legal Analyses

    April 11, 1983 Appeal by defendant from a judgment of the County Court, Suffolk County (Best, J.), rendered January 8, 1982, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. Up until July 19, 1980, defendant was the plant engineer for the Deer Park plant of Germaine Monteil Cosmetiques, Inc. (hereinafter Germaine). He had been employed by Germaine since