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discussed
Cited "see"
People v. Pizarro
In our view, the Center's report that excluded defendant's DNA only from the inside of the window frame does not "directly or expressly provide evidence favorable to defendant by negating or placing in doubt his criminal acts" so as to warrant the withdrawal of his plea ( People v Fisher , 28 NY3d 717, 722 [2017]; see People v First , 62 AD3d 1043, 1044 [2009], lv denied 12 NY3d 915 [2009]).
discussed
Cited "see"
GARCIA, DWAYNE D., PEOPLE v
With respect to one of the prospective jurors, defendant failed to present “facts and other relevant circumstances sufficient to raise an inference that the prosecution used its peremptory challenge[] to exclude [the] potential juror because of [her] race” (People v Childress, 81 NY2d 263, 266 ; see People v Green, 60 AD3d 1320, 1321 , lv denied 12 NY3d 915 ).
discussed
Cited "see"
People v. Garcia
With respect to one of the prospective jurors, defendant failed to present “facts and other relevant circumstances sufficient to raise an inference that the prosecution used its peremptory challenge [ ] to exclude [the] potential juror because of [her] race” (People v Childress, 81 NY2d 263, 266 [1993]; see People v Green, 60 AD3d 1320, 1321 [2009], lv denied 12 NY3d 915 [2009]).
discussed
Cited "see"
People v. Garcia
With respect to one of the prospective jurors, defendant failed to present “facts and other relevant circumstances sufficient to raise an inference that the prosecution used its peremptory challenge [ ] to exclude [the] potential juror because of [her] race” (People v Childress, 81 NY2d 263, 266 [1993]; see People v Green, 60 AD3d 1320, 1321 [2009], lv denied 12 NY3d 915 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
FIELDS.
v.
FIELDS.
New York Court of Appeals.
Jun 30, 2009.
Published
Application in criminal case for leave to appeal denied. (Ciparick, J.).