§Why CasetextPricing

The People, Respondent,v.Anthony Berry, Appellant.

Brief

13 Cited authorities

  1. United States v. Matlock

    415 U.S. 164 (1974)   Cited 4,090 times   13 Legal Analyses
    Holding that the government "may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected"

  2. People v. Steinberg

    79 N.Y.2d 673 (N.Y. 1992)   Cited 351 times
    Holding that "jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury"

  3. People v. Carroll

    93 N.Y.2d 564 (N.Y. 1999)   Cited 70 times

    Argued June 3, 1999 Decided July 6, 1999 Steven R. Berko, for appellant. Mary C. Farrington, for respondent. KAYE, CHIEF JUDGE: Over the course of several days, three-year-old Shanaya Jones was beaten to death by her father. Defendant, the child's stepmother, witnessed most of the violence, but did not alert the authorities or summon medical assistance until Shanaya was dead. The issue before us is whether the Grand Jury that indicted defendant for Endangering the Welfare of a Child had sufficient

  4. People v. Graves

    76 N.Y.2d 16 (N.Y. 1990)   Cited 91 times
    In Graves, the trial court gave the following instruction: “to remain in a dwelling, regardless of how you entered it, because you have the intent to commit a crime is remaining unlawfully.

  5. People v. Wong

    81 N.Y.2d 600 (N.Y. 1993)   Cited 71 times
    Reversing couple's manslaughter convictions on theories of both commission and omission for insufficient evidence relating to shaken-baby-syndrome death of infant in their care, although citing Steinberg in acknowledging "theoretical" possibility of establishing guilt by omission

  6. People v. Munck

    92 A.D.3d 63 (N.Y. App. Div. 2011)   Cited 10 times

    2011-12-29 The PEOPLE of the State of New York, Respondent, v. Shawn J. MUNCK, Appellant. Teresa C. Mulliken, Harpersfield, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent. SPAIN Teresa C. Mulliken, Harpersfield, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent. Before: MERCURE, Acting P.J., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ. SPAIN, J. Appeal from a judgment of the County

  7. People v. Edwards

    38 A.D.3d 1133 (N.Y. App. Div. 2007)   Cited 11 times

    No. 15359. March 29, 2007. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 8, 2004, upon a verdict convicting defendant of the crimes of rape in the second degree, unlawfully dealing with a child in the first degree and endangering the welfare of a child. Andrew Kossover, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant. Donald A. Williams, District Attorney, Kingston (Jason J. Kovacs of counsel), for respondent. Before: Crew

  8. Lord v. Rasbatt

    No. 09-CV-0615(MAT) (W.D.N.Y. Dec. 30, 2011)   Cited 3 times
    Noting that the New York test "parallel the federal test"

  9. People v. Myers

    201 A.D.2d 855 (N.Y. App. Div. 1994)   Cited 16 times
    Holding that live-in boyfriend had no common-law legal duty toward his girlfriend's child and so could not be prosecuted for having failed to prevent his girlfriend from starving the child to death

  10. People v. Stephens

    3 A.D.3d 57 (N.Y. App. Div. 2003)   Cited 4 times
    Upholding second-degree murder conviction of man who failed to seek medical aid for girlfriend's nine-year-old sister who was fatally injured while living with the couple