§Why CasetextPricing

The People, Respondent,v.Selbin Martinez, Appellant.

Brief

23 Cited authorities

  1. People v. Malizia

    62 N.Y.2d 755 (N.Y. 1984)   Cited 857 times
    In People v. Malizia, 62 NY2d 755 [1984], the Court of Appeals held that the evidentiary rulings of a first trial did not automatically apply to a second trial (see People v. Nieves, 67 NY 125 [1986]).

  2. People v. Rosario

    9 N.Y.2d 286 (N.Y. 1961)   Cited 1,649 times
    Holding that trial court erred by failing to compel prosecution to turn over witnesses' prior statements relating to their trial testimony

  3. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 224 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  4. People v. Carroll

    95 N.Y.2d 375 (N.Y. 2000)   Cited 279 times   1 Legal Analyses
    Upholding admission of expert testimony about child sexual abuse accommodation syndrome “for the purpose of instructing the jury about possible reasons why a child might not immediately report incidents of sexual abuse” and emphasizing that expert “never opined that defendant committed the crimes, that defendant's stepdaughter was sexually abused, or even that her specific actions and behavior were consistent with such abuse ”

  5. People v. Martinez

    71 N.Y.2d 937 (N.Y. 1988)   Cited 372 times
    Authorizing appropriate sanctions for the failure to preserve witness statements

  6. People v. Vilardi

    76 N.Y.2d 67 (N.Y. 1990)   Cited 343 times   3 Legal Analyses
    Comparing the state law standard — whether there was a "reasonable possibility" that withheld evidence could have affected the result of the proceeding — to the federal standard of "reasonable probability"

  7. People v. Banch

    80 N.Y.2d 610 (N.Y. 1992)   Cited 154 times
    In Banch, the Court of Appeals noted that when "the Rosario violation is not a complete failure to disclose the material but rather a delay in its disclosure[,]... reversal is not required unless the delay substantially prejudiced the defendant."

  8. People v. Handy

    2013 N.Y. Slip Op. 2103 (N.Y. 2013)   Cited 81 times
    In Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).

  9. People v. Calabria

    3 N.Y.3d 80 (N.Y. 2004)   Cited 91 times
    Holding that where the testimony of a single eyewitness is without conflicts and found to be credible and reliable, such testimony is sufficient to support a criminal conviction

  10. People v. De Jesus

    42 N.Y.2d 519 (N.Y. 1977)   Cited 191 times
    In DeJesus, the New York Court of Appeals had held that a trial judge's excessive intervention had denied a criminal defendant of a fair trial.

  11. Section 265.02 - Criminal possession of a weapon in the third degree

    N.Y. Penal Law § 265.02   Cited 1,634 times   1 Legal Analyses
    Prohibiting Tasers and stun guns

  12. Section 160.10 - Robbery in the second degree

    N.Y. Penal Law § 160.10   Cited 1,559 times   1 Legal Analyses
    Construing any forcible stealing of a motor vehicle as second degree robbery