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2004
2015
2026
Top citers, strongest first. 4 distinct citers.
discussed
Cited "see"
People v. Taylor
Defendant failed to preserve for our review his further contentions that he was deprived of his right to be present at all material stages of the trial (see People v Robinson, 239 AD2d 258, 260-261 [1997]; see generally People v Robles, 86 NY2d 763, 764-765 [1995]), and that he was deprived of his right to respond to a jury request (see People v Peller, 8 AD3d 1123 [2004], lv denied 3 NY3d 679 [2004]).
discussed
Cited "see"
Matter of German F.
Therefore, the victim's statements made in response to the police officer's questions are "nontestimonial" under both Crawford and Davis because the purpose of the officer's interrogation was to enable him to assist the victim in an emergency situation rather than to "establish or prove past events potentially relevant to later criminal prosecution" ( Davis , 547 US at —, 126 S Ct at 2273-2274 ; see , People v Newland , 6 AD3d 330, 331 [2004], lv denied 3 NY3d 679 [2004]; People v Coleman , 16 AD3d 254, 255 [2005], lv denied 5 NY3d 805 [2005]; People v Royster , 18 AD3d 375, 376 [2005], lv d…
discussed
Cited "see"
In re German F.
Therefore, the victim’s statements made in response to the police officer’s questions are “nontestimonial” under both Crawford and Davis because the purpose of the officer’s interrogation was to enable him to assist the victim in an emergency situation rather than to “establish or prove past events potentially relevant to later criminal prosecution” (Davis, 547 US at —, 126 S Ct at 2273-2274 ; see, People v Newland, 6 AD3d 330, 331 [2004], lv denied 3 NY3d 679 [2004]; People v Coleman, 16 AD3d 254, 255 [2005], lv denied 5 NY3d 805 [2005]; People v Royster, 18 AD3d 375, 376 [200…
discussed
Cited "see, e.g."
People v. Dibble
Upon discovering such physical evidence, the officers had probable cause to arrest defendant for the burglary (see People v Scott-Heron, 11 AD3d 364 [2004], lv denied 4 NY3d 803 [2005]; People v Raily, 309 AD2d 604 [2003], lv denied 1 NY3d 578 [2003]; People v Sanchez, 278 AD2d 889 , 890 [2000], lv denied 96 NY2d 763 [2001]; see also People v Bridgefourth, 13 AD3d 1165, 1166 [2004], lv denied 4 NY3d 828 , 5 NY3d 760 [2005]) and to search his person incident to that arrest (see People v Paul, 6 AD3d 1129, 1130 [2004], lv denied 3 NY3d 679 [2004]; Ralston, 303 AD2d at 1014-1015 ; People v Bland,…
PEOPLE
v.
PECKHAM
v.
PECKHAM
New York Court of Appeals.
Aug 30, 2004.
Published
Application in criminal case for leave to appealDenied. (Ciparick, J.)