19 Cited authorities

  1. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 472 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
  2. People v. Velasquez

    1 N.Y.3d 44 (N.Y. 2003)   Cited 146 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
  3. People v. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 127 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.
  4. People v. Tabb

    2009 N.Y. Slip Op. 8679 (N.Y. 2009)   Cited 70 times   1 Legal Analyses
    Holding that an "absence of record proof constituted "a mode of proceedings error . . . requiring reversal"
  5. People v. Miller

    39 N.Y.2d 543 (N.Y. 1976)   Cited 180 times
    Authorizing admission of "evidence of the victim's prior specific acts of violence of which the defendant had knowledge"
  6. Matter of Y.K

    87 N.Y.2d 430 (N.Y. 1996)   Cited 95 times

    Argued January 10, 1996 Decided February 15, 1996 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Fran L. Lubow, J. Paul A. Crotty, Corporation Counsel of New York City (Elizabeth I. Freedman and Francis F. Caputo of counsel), for appellant. Judith Waksberg, New York City, Jane M. Spinak and Laura Potter-Cahn for respondent. Simons, J. Family Court has adjudged respondent a juvenile delinquent because she committed acts which, if committed by an adult, would

  7. People v. Hameed

    88 N.Y.2d 232 (N.Y. 1996)   Cited 59 times

    Argued May 2, 1996 Decided June 5, 1996 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John T. Gallagher, J., Ralph Sherman, J. Mark B. Gombiner, Brooklyn, and Kunstler and Kuby, New York City (Ronald L. Kuby of counsel), for appellants. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Andrew L. Zwerling of counsel), for respondent. BELLACOSA, J. The two legal issues emanating from this murder conviction after a third jury trial are whether

  8. People v. Ochoa

    2010 N.Y. Slip Op. 1346 (N.Y. 2010)   Cited 30 times

    Nos. 22, 23. Argued January 13, 2010. Decided February 16, 2010. APPEAL, in the first above-entitled action, 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 December 18, 2008. The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Dominic R. Massaro, J.; see 10 Misc 3d 1060[A], 2005 NY Slip Op 52055[U]), which had convicted defendant, upon a jury verdict, of robbery in the second

  9. People v. Cruz

    2010 N.Y. Slip Op. 2832 (N.Y. 2010)   Cited 23 times
    Holding the presumption was overcome with evidence that "there was a significant, unexplained irregularity in the proceedings"
  10. People v. Paul Ziegler

    78 A.D.3d 545 (N.Y. App. Div. 2010)   Cited 20 times

    No. 3659. November 18, 2010. Judgment, Supreme Court, New York County (Bonnie G. Wittner, J., at suppression hearing; William A. Wetzel, J., at jury trial and sentence), rendered July 12, 2007, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second drug felony offender, to a term of 4½ years, unanimously affirmed. Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Cyrus R. Vance, Jr