§Why CasetextPricing

The People, Appellant,v.Carlos Palencia, Respondent.

Brief

47 Cited authorities

  1. Francis v. Franklin

    471 U.S. 307 (1985)   Cited 2,057 times   8 Legal Analyses
    Holding a mandatory presumption, either conclusive or rebuttable, as to an element violates a defendant's due process rights because it conflicts with the prosecution's burden to prove beyond a reasonable doubt every fact necessary to constitute the crime charged

  2. People v. Mateo

    2 N.Y.3d 383 (N.Y. 2004)   Cited 3,448 times   2 Legal Analyses
    Finding criminal liability attaches to "a person concerned in the commission of a crime whether he directly commits the act constituting the offense or aids and abets in its commission . . ."

  3. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,877 times   1 Legal Analyses
    Holding that to preserve for appellate review a challenge to the legal sufficiency of evidence to support a conviction, a defendant must move for a trial order of dismissal, and the argument must be "specifically directed" at the error being argued

  4. People v. Alvino

    71 N.Y.2d 233 (N.Y. 1987)   Cited 1,070 times   2 Legal Analyses
    Holding that evidence of similar uncharged crimes is excluded for policy reasons because it may induce the jury to base a finding of guilt on collateral matters

  5. People v. McDaniel

    81 N.Y.2d 10 (N.Y. 1993)   Cited 362 times   2 Legal Analyses
    Holding that evidence of a prompt outcry can be admitted but that "only the fact of a complaint, not its accompanying details, may be elicited"

  6. 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 ”

  7. People v. Morris

    2013 N.Y. Slip Op. 6633 (N.Y. 2013)   Cited 174 times
    Holding that evidence of a 911 call accusing defendant of robbing someone at gunpoint was relevant background information that helped explain the aggressive conduct of police when arresting the defendant

  8. People v. Cass

    2012 N.Y. Slip Op. 1144 (N.Y. 2012)   Cited 179 times

    2012-02-16 The PEOPLE of the State of New York, Respondent, v. Mickey CASS, Appellant. Appellate Advocates, New York City (Warren S. Landau and Lynn WL. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Joyce Slevin, Leonard Joblove and Victor Barall of counsel), for respondent. JONES Appellate Advocates, New York City (Warren S. Landau and Lynn WL. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Joyce Slevin, Leonard Joblove and Victor

  9. People v. Santiago

    52 N.Y.2d 865 (N.Y. 1981)   Cited 383 times
    Holding that the failure to make "an application seeking further or more complete instructions" precluded defendant from "assert[ing] the inadequacy of such instructions as error on appeal"

  10. People v. Arafet

    2009 N.Y. Slip Op. 7482 (N.Y. 2009)   Cited 154 times

    No. 142. Argued September 17, 2009. Decided October 22, 2009. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered August 21, 2008. The Appellate Division affirmed a judgment of the Schenectady County Court (Polly A. Hoye, J.), which had convicted defendant, upon a jury verdict, of grand larceny in the first degree and criminal possession of stolen property in the first degree. People v Arafet, 54

  11. Section 59.4 - Breath analysis instruments

    N.Y. Comp. Codes R. & Regs. tit. 10 § 59.4   Cited 45 times
    Listing the "conforming products: for "evidential breath [alcohol] measurement devices"