§Why CasetextPricing

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

Brief

37 Cited authorities

  1. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,875 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

  2. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,227 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  3. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,600 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.

  4. Copp v. Ramirez

    62 A.D.3d 23 (N.Y. App. Div. 2009)   Cited 143 times
    Stating that, as a threshold issue, defendants who are not New York residents "cannot be subject to personal jurisdiction in New York unless plaintiffs prove that New York's long-arm statute confers jurisdiction over them by reason of their contacts within the state"

  5. People v. Smith

    2012 N.Y. Slip Op. 1147 (N.Y. 2012)   Cited 84 times
    Explaining that proof of a refusal to submit to a chemical test “is received to permit the inference of consciousness of guilt, i.e., that defendant refused to take the test because of his apprehension as to whether he would pass it”

  6. People v. Thomas

    46 N.Y.2d 100 (N.Y. 1978)   Cited 216 times
    Applying the same rule to evidence of personal hostility by a witness

  7. People v. Mertz

    68 N.Y.2d 136 (N.Y. 1986)   Cited 166 times
    Concluding that under per se statute, proof of BAC of .10% or more within two hours after arrest establishes prima facie evidence of driving under the influence which together with other evidence of intoxication is sufficient to sustain a conviction, absent evidence from which the trier of fact could conclude that the defendant was under .10% at the time of driving such as expert testimony

  8. People v. Bennett

    79 N.Y.2d 464 (N.Y. 1992)   Cited 136 times
    In Bennett, the victim was stopped by a police officer who advised her that she had been driving erratically and had failed to signal a lane change.

  9. People v. Gonzalez

    55 N.Y.2d 720 (N.Y. 1981)   Cited 138 times   1 Legal Analyses
    Noting that "propriety of the denial [of suppression motion] must be judged on the evidence before the suppression court"

  10. People v. Boscic

    15 N.Y.3d 494 (N.Y. 2010)   Cited 44 times
    Rejecting a per se six month periodic testing standard for alcohol testing devices

  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"