40 Cited authorities

Crane v. Kentucky
476 U.S. 683 (1986) Cited 3,279 times 6 Legal Analyses
Holding that an opportunity to present a complete defense "would be an empty one if the State were permitted to exclude competent, reliable evidence bearing on the credibility of a confession when such evidence is central to the defendant's claim of innocence"
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,684 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"
People v. O'Rama
78 N.Y.2d 270 (N.Y. 1991) Cited 570 times 4 Legal Analyses
Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
People v. Almodovar
62 N.Y.2d 126 (N.Y. 1984) Cited 470 times
Holding that a temporary and lawful possession instruction was proper where the defendant claimed that he wrested a pistol from his attacker and fired it in self-defense
People v. Malloy
55 N.Y.2d 296 (N.Y. 1982) Cited 483 times 1 Legal Analyses
Holding that charge defining reasonable doubt as "a doubt for which you can conscientiously express a reason" was "neither confusing nor inaccurate"
People v. Arnold
96 N.Y.2d 358 (N.Y. 2001) Cited 270 times 7 Legal Analyses
Holding a juror's participation in a group answer to questions posed to the entire venire to be insufficient to rehabilitate her
People v. Goetz
68 N.Y.2d 96 (N.Y. 1986) Cited 407 times
Holding that the “he reasonably believes” language in self-defense statute “retains an objective element” and thus the court below erred in saying it merely required the defendant's belief to be “reasonable to him”
People v. Velasquez
1 N.Y.3d 44 (N.Y. 2003) Cited 164 times 1 Legal Analyses
Noting that a "presumption of regularity attaches to judicial proceedings," which "may be overcome only by substantial evidence," not mere speculation
People v. Kisoon
2007 N.Y. Slip Op. 1194 (N.Y. 2007) Cited 132 times
In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."
People v. McManus
67 N.Y.2d 541 (N.Y. 1986) Cited 217 times 1 Legal Analyses
Explaining that a justification defense may be asserted against a charge of depraved indifference murder

The People, Respondent,v.Edwin Mendez, Appellant.

40 Cited authorities

Holding that an opportunity to present a complete defense "would be an empty one if the State were permitted to exclude competent, reliable evidence bearing on the credibility of a confession when such evidence is central to the defendant's claim of innocence"

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 the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

Holding that a temporary and lawful possession instruction was proper where the defendant claimed that he wrested a pistol from his attacker and fired it in self-defense

Holding that charge defining reasonable doubt as "a doubt for which you can conscientiously express a reason" was "neither confusing nor inaccurate"

Holding a juror's participation in a group answer to questions posed to the entire venire to be insufficient to rehabilitate her

Holding that the “he reasonably believes” language in self-defense statute “retains an objective element” and thus the court below erred in saying it merely required the defendant's belief to be “reasonable to him”

Noting that a "presumption of regularity attaches to judicial proceedings," which "may be overcome only by substantial evidence," not mere speculation

In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."

Explaining that a justification defense may be asserted against a charge of depraved indifference murder