43 Cited authorities

  1. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 477 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
  2. 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
  3. Allen v. United States

    164 U.S. 492 (1896)   Cited 2,516 times   3 Legal Analyses
    Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively
  4. People v. Payne

    88 N.Y.2d 172 (N.Y. 1996)   Cited 247 times
    In Payne, the Court of Appeals held that a trial court may render a ruling of purposeful discrimination "without hearing more discussion from either or each side" after the striking party has proffered its race-neutral reasons.
  5. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 414 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 147 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. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 127 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.
  8. People v. Mack

    2016 N.Y. Slip Op. 4321 (N.Y. 2016)   Cited 85 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.
  9. People v. Umali

    2008 N.Y. Slip Op. 4184 (N.Y. 2008)   Cited 107 times
    Holding that "(o)ur task in evaluating a challenge to jury instructions is not limited to the appropriateness of a single remark; instead, we review the context and content of the entire charge"
  10. People v. Ferguson

    67 N.Y.2d 383 (N.Y. 1986)   Cited 182 times   2 Legal Analyses
    Holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial when defendant was not consulted or present
  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 494 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