40 Cited authorities

  1. People v. Glover

    57 N.Y.2d 61 (N.Y. 1982)   Cited 860 times   1 Legal Analyses
    In Glover (57 NY2d at 63), we established a two-pronged test to determine when a defendant is entitled to have a lesser included offense charged.
  2. People v. Iannone

    45 N.Y.2d 589 (N.Y. 1978)   Cited 733 times   1 Legal Analyses
    Holding that "the defendants in these two appeals have failed to preserve a question of law which this court may review and have waived their objections to the sufficiency of the factual allegations in the indictments by which they were brought before the courts"
  3. People v. Dokes

    79 N.Y.2d 656 (N.Y. 1992)   Cited 293 times   2 Legal Analyses
    Holding defendant's presence required at Sandoval hearing
  4. People v. Ford

    66 N.Y.2d 428 (N.Y. 1985)   Cited 324 times
    Retaining the charge because it emphasizes the need for careful reasoning and "forecloses danger . . . that the trier of facts may leap logical gaps in the proof offered and draw unwarranted conclusion based on probabilities of low degree"
  5. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 412 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.
  6. People v. Luperon

    85 N.Y.2d 71 (N.Y. 1995)   Cited 233 times
    Finding an issue unpreserved because the legal grounds presented to the trial court in favor of a requested ruling differed from the legal grounds raised on appeal regarding the same ruling
  7. People v. Samms

    95 N.Y.2d 52 (N.Y. 2000)   Cited 199 times
    Discussing this exception to the preservation rule
  8. Policano v. Herbert

    2006 N.Y. Slip Op. 8284 (N.Y. 2006)   Cited 163 times   3 Legal Analyses
    Holding that the governing law is the law at the time the petitioner's conviction became final
  9. People v. Muhammad

    2011 N.Y. Slip Op. 7302 (N.Y. 2011)   Cited 134 times   1 Legal Analyses
    Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon
  10. People v. Green

    56 N.Y.2d 427 (N.Y. 1982)   Cited 308 times   1 Legal Analyses
    Holding that lower mental states are "necessarily subsumed within the higher mental states"