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Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Hall
The evidence of defendant's flight "was relevant inasmuch as it was indicative of his consciousness of guilt" ( People v Turner , 197 AD3d 997, 998 [4th Dept 2021], lv denied 37 NY3d 1061 [2021]; see People v Yazum , 13 NY2d 302, 304 [1963], rearg denied 15 NY2d 679 [1964]), and the probative value of that evidence outweighed the potential prejudice to defendant ( see People v Fitzgerald , 84 AD3d 1397, 1397 [2d Dept 2011], lv denied 17 NY3d 816 [2011]; see also Turner , 197 AD3d at 998-999 ; see generally People v Frumusa , 29 NY3d 364, 372 [2017], rearg denied 29 NY3d 1110 [2017]).
discussed
Cited "see"
People v. Washington
We conclude that defense counsel was not ineffective in failing to call an expert witness to testify on the subject of child sexual abuse accommodation syndrome (see People v Nicholson, 118 AD3d 1423, 1425 [2014]; People v Green, 108 AD3d 782, 786 [2013], lv denied 21 NY3d 1074 [2013]; People v Kilbury, 83 AD3d 1579, 1580 [2011], lv denied 17 NY3d 860 [2011]). “ ‘Defendant has not demonstrated that such testimony was available, that it would have assisted the jury in its determination or that he was prejudiced by its absence’ ” (Kilbury, 83 AD3d at 1580 ; see People v Drennan, 81 AD3d …
discussed
Cited "see"
WASHINGTON, JAMES H., PEOPLE v
We conclude that defense counsel was not ineffective in failing to call an expert witness to testify on the subject of child sexual abuse accommodation syndrome (see People v Nicholson, 118 AD3d 1423, 1425 ; People v Green, 108 AD3d 782, 786 , lv denied 21 NY3d 1074 ; People v Kilbury, 83 AD3d 1579, 1580 , lv denied 17 NY3d 860 ). “ ‘Defendant has not demonstrated that such testimony was available, that it would have assisted the jury in its determination or that he was prejudiced by -2- 1187 KA 13-00140 its absence’ ” (Kilbury, 83 AD3d at 1580 ; see People v Drennan, 81 AD3d 1279, 128…
discussed
Cited "see"
People v. Washington
We conclude that defense counsel was not ineffective in failing to call an expert witness to testify on the subject of child sexual abuse accommodation syndrome (see People v Nicholson, 118 AD3d 1423, 1425 [2014]; People v Green, 108 AD3d 782, 786 [2013], lv denied 21 NY3d 1074 [2013]; People v Kilbury, 83 AD3d 1579, 1580 [2011], lv denied 17 NY3d 860 [2011]). “ ‘Defendant has not demonstrated that such testimony was available, that it would have assisted the jury in its determination or that he was prejudiced by its absence’ ” (Kilbury, 83 AD3d at 1580 ; see People v Drennan, 81 AD3d …
discussed
Cited "see"
People v. Morey
His claim to feeling pressured to accept the plea agreement amounts to the type of “situational coercion” faced by many defendants offered a plea deal, and it does not undermine the voluntariness of his guilty plea or appeal waiver (People v Seaberg, 74 NY2d 1, 8 [1989] [internal quotation marks and citation omitted]; see People v Good, 83 AD3d 1124, 1125 [2011], lv denied 17 NY3d 816 [2011]).
discussed
Cited "see"
People v. Morey
His claim to feeling pressured to accept the plea agreement amounts to the type of “situational coercion” faced by many defendants offered a plea deal, and it does not undermine the voluntariness of his guilty plea or appeal waiver (People v Seaberg, 74 NY2d 1, 8 [1989] [internal quotation marks and citation omitted]; see People v Good, 83 AD3d 1124, 1125 [2011], lv denied 17 NY3d 816 [2011]).
discussed
Cited "see"
SCOTT, DENNIS, PEOPLE v
Thus, upon defendant’s violation of a condition of the plea agreement, the court was “no longer bound by the agreement and [was] free to impose a greater sentence without offering . . . defendant an opportunity to withdraw his . . . plea” (Sprague, 82 AD3d at 1649 [internal quotation marks omitted]; see People v Faso, 82 AD3d 1584, 1584 , lv denied 17 NY3d 816 , reconsideration denied 17 NY3d 952 ; People v Vaillant, 77 AD3d 1389, 1390 ).
discussed
Cited "see"
People v. Scott
Thus, upon defendant’s violation of a condition of the plea agreement, the court was “no longer bound by the agreement and [was] free to impose a greater sentence without offering . . . defendant an opportunity to withdraw his . . . plea” (Sprague, 82 AD3d at 1649 [internal quotation marks omitted]; see People v Faso, 82 AD3d 1584, 1584 [2011], lv denied 17 NY3d 816 [2011], reconsideration denied 17 NY3d 952 [2011]; People v Vaillant, 77 AD3d 1389, 1390 [2010]).
discussed
Cited "see"
People v. Scott
Thus, upon defendant’s violation of a condition of the plea agreement, the court was “no longer bound by the agreement and [was] free to impose a greater sentence without offering . . . defendant an opportunity to withdraw his . . . plea” (Sprague, 82 AD3d at 1649 [internal quotation marks omitted]; see People v Faso, 82 AD3d 1584, 1584 [2011], lv denied 17 NY3d 816 [2011], reconsideration denied 17 NY3d 952 [2011]; People v Vaillant, 77 AD3d 1389, 1390 [2010]).
discussed
Cited "see, e.g."
People v. Williams
Instead, the note only necessitated the ministerial action of informing the jury that a requested item was not in evidence (see People v Ziegler, 78 AD3d 545 , 546 [2010], lv denied 16 NY3d 838 [2011]; see also People v Hammond, 84 AD3d 1726, 1727 [2011], lv denied 17 NY3d 816 [2011]).
discussed
Cited "see, e.g."
People v. Williams
Instead, the note only necessitated the ministerial action of informing the jury that a requested item was not in evidence (see People v Ziegler, 78 AD3d 545 , 546 [2010], lv denied 16 NY3d 838 [2011]; see also People v Hammond, 84 AD3d 1726, 1727 [2011], lv denied 17 NY3d 816 [2011]).
discussed
Cited "see, e.g."
WILLIAMS, KEITH L., PEOPLE v
Instead, the note only necessitated the ministerial action of informing the jury that a requested item was not in evidence (see People v Ziegler, 78 AD3d 545, 546 , lv denied 16 NY3d 838 ; see also People v Hammond, 84 AD3d 1726, 1727 , lv denied 17 NY3d 816 ).
discussed
Cited "see, e.g."
People v. Brown
The court did not violate defendants Brown’s and Layne’s right to be present, or commit any mode of proceedings error, when it conducted a preliminary screening of prospective jurors in defendants’ absence (see People v Camacho, 90 NY2d 558 [1997]; see also People v King, 27 NY3d 147, 153-157 [2016]), and when it delegated to a court officer the ministerial function of giving the jury the “usual” separation instructions at the end of the fourth day of deliberations (see People v Galvez, 85 AD3d 444, 444 [1st Dept 2011], lv denied 17 NY3d 816 [2011]; People v Crespo, 267 AD2d 36 [1st …
Retrieving the full opinion text from the archive…
PEOPLE
v.
GARREN.
v.
GARREN.
Not in source.
New York Court of Appeals.
Aug 11, 2011.
Published
Application in criminal case for leave to appeal denied. (Graffeo, J.).