§Why CasetextPricing

The People, Respondent,v.Clemon Jones, Appellant.

Brief

19 Cited authorities

  1. People v. Hardy

    4 N.Y.3d 192 (N.Y. 2005)   Cited 108 times
    In Hardy, the only evidence that inculpated the defendant was the testimony of a person with a dubious criminal history and the plea allocution of a nontestifying codefendant (4 N.Y.3d at 198–199, 791 N.Y.S.2d 513, 824 N.E.2d 953).

  2. People v. Ramos

    2012 N.Y. Slip Op. 4669 (N.Y. 2012)   Cited 40 times

    2012-06-12 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Appellant. Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel), for respondent. SMITH Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel)

  3. People v. Yusuf

    2012 N.Y. Slip Op. 4200 (N.Y. 2012)   Cited 34 times
    In Yusuf, the court addressed whether an out-of-state felony could qualify as a violent felony for purposes of enhanced sentencing under Penal Law § 70.70(4).

  4. People v. Olah

    300 N.Y. 96 (N.Y. 1949)   Cited 229 times
    In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."

  5. People v. Parker

    41 N.Y.2d 21 (N.Y. 1976)   Cited 87 times
    Holding that the former Penal Law providing for second-felony offender status based upon convictions in other states for acts which would not have been felonies in New York, while not providing for second-felony offender status as to the same acts if they were committed in New York, did not deny equal protection; nor did it result in unconstitutional delegation of legislative power or incorporation by reference of statutes of another state

  6. People v. Sudan

    298 A.D.2d 620 (N.Y. App. Div. 2002)   Cited 2 times

    11582 Decided and Entered: October 17, 2002. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered October 1, 1999 in Albany County, upon a verdict convicting defendant of the crime of assault in the second degree. Carl J. Silverstein, Monticello, for appellant. Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. Before: Cardona, P.J., Peters, Spain, Carpinello and Rose, JJ. MEMORANDUM AND ORDER Spain, J. Following a jury trial, defendant was convicted

  7. People v. Gill

    109 A.D.2d 419 (N.Y. App. Div. 1985)   Cited 15 times
    In Gill, following defendant's felony conviction, the court scheduled a persistent felony hearing, where defendant's two prior California judgments of conviction were received in evidence.

  8. People v. Sasso

    176 A.D.2d 410 (N.Y. App. Div. 1991)   Cited 3 times

    September 19, 1991 Appeal from the County Court of Albany County (Turner Jr., J.). Yesawich Jr., J. Defendant was sentenced in 1981 as a persistent felony offender to 25 years to life imprisonment. Although this court affirmed the conviction ( 99 A.D.2d 558), the particular issue presented before us, the constitutionality of Penal Law § 70.10 (1) (b) (i), was apparently not brought to the court's attention. This statute suffers from the same infirmity that afflicted Penal Law former § 70.06 dealing

  9. People v. Behrman

    141 A.D.2d 372 (N.Y. App. Div. 1988)   Cited 4 times

    June 16, 1988 Appeal from the Supreme Court, New York County (William Davis, J.). Defendant was sentenced as a second felony offender on the basis of a June 27, 1975 Federal conviction for the crime of "making a false statement to a licensed firearms dealer for the purpose of acquiring a firearm", in violation of 18 U.S.C. § 922 (a) (6). This felony conviction served as a predicate for enhanced sentencing pursuant to Penal Law § 70.06 in the instant matter. Because it fails, however, to meet the

  10. People v. Breckner

    179 A.D.2d 410 (N.Y. App. Div. 1992)   Cited 1 times

    January 14, 1992 Appeal from the Supreme Court, New York County (Martin Rettinger, J.). An examination of the Penal Law does not reveal a New York analog to defendant's prior Oklahoma felony conviction for "Robbery or attempted robbery with dangerous weapon or imitation firearm". (Okla Stat, tit 21, § 801; People v. Gonzalez, 61 N.Y.2d 586, 589.) Robbery under the Oklahoma Statute (Okla Stat, tit 21, § 791), which provides that a conviction may be proven by the taking of property "from his person

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,355 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,081 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  13. Section 1708 - Theft or receipt of stolen mail matter generally

    18 U.S.C. § 1708   Cited 1,403 times   1 Legal Analyses
    Prohibiting theft or receipt of stolen letter "from a letter or mail carrier"

  14. Section 43.23 - Obscenity

    Tex. Pen. Code § 43.23   Cited 110 times

    (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device. (b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony. (c) A person commits an offense if, knowing its content and character, he: (1) promotes or possesses with intent to promote any obscene material or obscene device; or (2) produces, presents, or directs an obscene performance

  15. Section 1705 - Destruction of letter boxes or mail

    18 U.S.C. § 1705   Cited 45 times
    Regarding destruction of mailboxes or mail

  16. Section 500.9 - Preliminary appeal statement

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.9   Cited 3 times

    (a) Within 10 days after an appeal is taken by (1) serving a notice of appeal on the adverse party and filing that notice of appeal in the place and manner required by CPLR 5515, (2) entry of an order granting a motion for leave to appeal in a civil case, or (3) issuance of a certificate granting leave to appeal in a criminal case, appellant shall file with the clerk of the court an original and one copy of a preliminary appeal statement on the form prescribed by the court, with the required attachments