41 Cited authorities

  1. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,683 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"
  2. People v. Delgado

    80 N.Y.2d 780 (N.Y. 1992)   Cited 383 times   3 Legal Analyses
    In Delgado, the Court of Appeals, and the Appellate Division before it, affirmed three separate judgments where each defendant was sentenced, as here, as a second felony offender upon being convicted of criminal possession of a controlled substance in the third degree.
  3. People v. Velasco

    77 N.Y.2d 469 (N.Y. 1991)   Cited 280 times
    Holding that defendant's presence not required for charging conference in robing room attended by attorneys for both sides involving only questions of law and procedure
  4. People v. Scarola

    71 N.Y.2d 769 (N.Y. 1988)   Cited 302 times
    Holding that "the fact that an exhibition of a physical characteristic is not testimonial in nature does not necessarily require its reception as evidence at trial [t]he test of whether voice exemplar evidence should be admitted as real or demonstrative evidence is not whether the proposed exemplar would be communicative, but whether it is relevant and reliable"
  5. People v. Dawson

    50 N.Y.2d 311 (N.Y. 1980)   Cited 336 times   1 Legal Analyses
    In Dawson, the New York Court of Appeals agreed with the general principal that, absent a specific law, a citizen ordinarily has no legal obligation to volunteer exculpatory information to law enforcement authorities.
  6. People v. Primo

    96 N.Y.2d 351 (N.Y. 2001)   Cited 183 times
    Rejecting "clear link" test of earlier cases in favor of the "general balancing analysis that governs the admissibility of all evidence"
  7. People v. Bornholdt

    33 N.Y.2d 75 (N.Y. 1973)   Cited 364 times
    Holding that, to invoke affirmative defense, defendant must show that he had "nothing to do with the killing itself . . . and had no idea that any of his confederates was armed or intended to engage in any conduct dangerous to life"
  8. People v. Ahmed

    66 N.Y.2d 307 (N.Y. 1985)   Cited 208 times
    In People v. Ahmed, 66 N.Y.2d 307, 487 N.E.2d 894, 496 N.Y.S.2d 984 (1985), the New York Court of Appeals held that even a defendant's consent could not overcome the right to judicial supervision during jury deliberations.
  9. People v. Bonaparte

    78 N.Y.2d 26 (N.Y. 1991)   Cited 131 times
    In Bonaparte, a court officer, directed by the trial court, told a deliberating jury that it would be sequestered and should stop deliberating.
  10. People C. v. Calabria

    94 N.Y.2d 519 (N.Y. 2000)   Cited 93 times

    Argued February 16, 2000 Decided April 6, 2000. Gary A. Farrell, for appellant. Charles J. Hynes, for respondent. SMITH, J. The dispositive issue in this case is whether the prosecutor's conduct throughout the trial effectively denied defendant the right to a fair trial. We conclude that it did, reverse the order of the Appellate Division and order a new trial. Complainant, Diane Chappelle, is the wife of the pastor of the International Baptist Church in Brooklyn, New York and a teacher at the International