§Why CasetextPricing

The People, Respondent,v.Enrique Rivera, Appellant.

Brief

27 Cited authorities

  1. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,231 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  2. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 225 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"

  3. People v. Dodt

    61 N.Y.2d 408 (N.Y. 1984)   Cited 360 times
    In Dodt, despite the fact that the defendant did not even display a gun when he threatened to shoot his victim, the defendant was found to have abducted his victim by the “threatened use of deadly force.” Id.

  4. People v. Heide

    84 N.Y.2d 943 (N.Y. 1994)   Cited 242 times
    Holding that prosecutorial misconduct claim was unpreserved where defense counsel failed to object further or request a mistrial after court issued curative instructions

  5. Policano v. Herbert

    2006 N.Y. Slip Op. 8284 (N.Y. 2006)   Cited 171 times   3 Legal Analyses
    Holding that the governing law is the law at the time the petitioner's conviction became final

  6. People v. Green

    56 N.Y.2d 427 (N.Y. 1982)   Cited 319 times   1 Legal Analyses
    Holding that lower mental states are "necessarily subsumed within the higher mental states"

  7. People v. Petty

    2006 N.Y. Slip Op. 5232 (N.Y. 2006)   Cited 147 times
    Affirming rule that "evidence of a deceased victim's prior threats against defendant is admissible to prove that the victim was the initial aggressor"

  8. People v. Gallagher

    69 N.Y.2d 525 (N.Y. 1987)   Cited 190 times   1 Legal Analyses
    Reversing the defendant's conviction and ordering a new trial where the defendant was convicted simultaneously of intentional murder, N.Y. Penal L. § 125.25, and reckless manslaughter in the second degree, N.Y. Penal L. § 125.15, a lesser included offense of depraved mind murder

  9. People v. Resek

    3 N.Y.3d 385 (N.Y. 2004)   Cited 105 times

    149. Argued October 21, 2004. Decided on November 23, 2004. Appeal, 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 August 7, 2003. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, New York County (Dorothy Cropper, J.), which had convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree. People v. Resek

  10. People v. Buckley

    75 N.Y.2d 843 (N.Y. 1990)   Cited 127 times
    In Buckley, the defendant was convicted of criminal possession of stolen property in the second degree (Penal Law § 165.45 [former (1)]), based upon his possession, along with his codefendants, of four stolen radar detectors that were owned by four different individuals, the aggregate value of which exceeded $250. Individually, however, the four stolen radar detectors did not have a value in excess of $250. Defense counsel contended that, because the four stolen radar detectors each belonged to different owners, each stolen radar detector amounted to a different offense (see Buckley, 75 NY2d at 845-846).