61 Cited authorities

  1. Strickler v. Greene

    527 U.S. 263 (1999)   Cited 5,281 times   20 Legal Analyses
    Holding that impeachment evidence was not material when the record supported conviction even if the witness had been impeached
  2. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 483 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
  3. People v. Linares

    2 N.Y.3d 507 (N.Y. 2004)   Cited 251 times
    Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him
  4. Allen v. United States

    164 U.S. 492 (1896)   Cited 2,562 times   3 Legal Analyses
    Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively
  5. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 412 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.
  6. People v. Velasquez

    1 N.Y.3d 44 (N.Y. 2003)   Cited 144 times   1 Legal Analyses
    Noting that a "presumption of regularity attaches to judicial proceedings," which "may be overcome only by substantial evidence," not mere speculation
  7. People v. Kinchen

    60 N.Y.2d 772 (N.Y. 1983)   Cited 249 times   2 Legal Analyses
    In Kinchen, the Court of Appeals had held that a claim could not be properly considered where there was no proof in the record with regard to the defendant's allegations.
  8. People v. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 126 times
    In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note.
  9. People v. Ahmed

    66 N.Y.2d 307 (N.Y. 1985)   Cited 206 times
    In People v. Ahmed, 66 N.Y.2d 307, 487 N.E.2d 894, 496 N.Y.S.2d 984 (1985), the New York Court of Appeals held that even a defendant's consent could not overcome the right to judicial supervision during jury deliberations.
  10. People v. Mack

    2016 N.Y. Slip Op. 4321 (N.Y. 2016)   Cited 82 times   1 Legal Analyses
    In Mack, the Court of Appeals made clear that a court should follow a two-step process when it receives a jury note: (1) give counsel notice that a note has been received; and (2) meaningfully respond to the note.
  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 504 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  12. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation