59 Cited authorities

  1. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,356 times   5 Legal Analyses
    Holding that due process does not create “a constitutional imperative, operative countrywide, that a State must disprove beyond a reasonable doubt every fact constituting any and all affirmative defenses related to the culpability of an accused.”
  2. Lockhart v. McCree

    476 U.S. 162 (1986)   Cited 1,414 times   7 Legal Analyses
    Holding that fair cross-section requirement applies to jury pool not petit jury
  3. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,877 times   1 Legal Analyses
    Holding that to preserve for appellate review a challenge to the legal sufficiency of evidence to support a conviction, a defendant must move for a trial order of dismissal, and the argument must be "specifically directed" at the error being argued
  4. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,231 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review
  5. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,689 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"
  6. People v. Casey

    95 N.Y.2d 354 (N.Y. 2000)   Cited 1,347 times
    Finding nonhearsay allegations including the complainant's supporting deposition, which stated that the order had been issued, was in effect, and that she had personally observed the defendant engage in conduct that violated the order could help to cure an alleged defect in the instrument premised on the failure to provide the underlying court order
  7. People v. Antommarchi

    80 N.Y.2d 247 (N.Y. 1992)   Cited 541 times
    Recognizing a defendant's right to be present at sidebar conferences during jury selection
  8. People v. Rosen

    96 N.Y.2d 329 (N.Y. 2001)   Cited 342 times   1 Legal Analyses
    Finding no constitutional right to jury trial to establish facts of prior conviction
  9. Shotwell Mfg. Co. v. United States

    371 U.S. 341 (1963)   Cited 309 times   1 Legal Analyses
    Holding that, because the defendants did not explain why they failed to raise their objections on time, and because the defendants did not point to any prejudice from not litigating their objections, the trial court properly held that their objections were waived under rule 12
  10. People v. Morris

    2013 N.Y. Slip Op. 6633 (N.Y. 2013)   Cited 174 times
    Holding that evidence of a 911 call accusing defendant of robbing someone at gunpoint was relevant background information that helped explain the aggressive conduct of police when arresting the defendant
  11. Section 128.6-a - Postponement and excusal from jury service

    N.Y. Comp. Codes R. & Regs. tit. 22 § 128.6-a   Cited 5 times
    Granting the commissioner of jurors the discretion to excuse prospective jurors from service and to grant postponements