9 Cited authorities

  1. Melendez–Diaz v. Massachusetts

    557 U.S. 305 (2009)   Cited 2,927 times   44 Legal Analyses
    Holding that a certification that material seized by the police included cocaine was testimonial
  2. Bullcoming v. New Mexico

    564 U.S. 647 (2011)   Cited 1,305 times   22 Legal Analyses
    Holding a certification of the blood alcohol content of a sample to be testimonial
  3. People v. Brown

    2009 N.Y. Slip Op. 8475 (N.Y. 2009)   Cited 128 times   1 Legal Analyses
    Holding that "defendant's [statute of limitations] motion would have been meritless" under the tolling provision in C.P.L. § 30.10 and his counsel was not ineffective in raising it because the defendants identity could not have been known until the cold hit was made through the DNA backlog project
  4. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 226 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).
  5. Matter of Haggerty v. Himelein

    677 N.E.2d 276 (N.Y. 1997)   Cited 50 times

    Argued January 8, 1997 Decided February 6, 1997 APPEALS, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 31, 1996, which, in a proceeding pursuant to CPLR article 78, granted the petition to the extent of prohibiting Larry M. Himelein, as Cattaraugus County Court Judge, and Michael P. Nevins, as Cattaraugus County District Attorney, from proceeding with the trial of indictment No. 95-168, and prohibiting

  6. People v. Pealer

    89 A.D.3d 1504 (N.Y. App. Div. 2011)   Cited 22 times

    2011-11-18 The PEOPLE of the State of New York, Respondent, v. Robert PEALER, Defendant–Appellant. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Jason L. Cook, District Attorney, Penn Yan (Megan Peter of Counsel), for Respondent. PRESENT: SMITH D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Jason L. Cook, District Attorney, Penn Yan (Megan Peter of Counsel), for Respondent. PRESENT: SMITH, J.P., CARNI, LINDLEY

  7. U.S. v. Gorder

    Case No. 1:10cr47 (D. Utah Jun. 21, 2010)   Cited 9 times
    Finding "Intoxilyzer 8000 Operational Checklist" testimonial
  8. People v. Sanducci

    88 N.E. 385 (N.Y. 1909)   Cited 22 times
    In People v. Sanducci (195 N.Y. 361, 367) this court say: "The credibility of witnesses is necessarily for the twelve jurors who looked into their faces and heard them testify rather than for the seven judges who simply read the printed record of what they said."
  9. Section 59.4 - Breath analysis instruments

    N.Y. Comp. Codes R. & Regs. tit. 10 § 59.4   Cited 44 times
    Listing the "conforming products: for "evidential breath [alcohol] measurement devices"