green
Positive treatment
4.8 score
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017
2021
2026
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Truelove
Footnotes Footnote 1: Although Supreme Court did not set forth its findings of fact and conclusions of law in its written order ( see Correction Law § 168-n [3]), remittal is unnecessary as "the court made oral findings and conclusions that are clear, supported by the record and sufficiently detailed to permit intelligent review" ( People v Lavelle , 172 AD3d 1568 , 1569 [2019] [internal quotation marks and citations omitted], lv denied 33 NY3d 909 [2019]; see People v Burke , 139 AD3d 1268, 1269 [2016], lv denied 28 NY3d 909 [2016]).
discussed
Cited "see"
People v. Simons
While we agree with defendant that the court should have applied a preponderance of the evidence standard to his request, rather than a clear and convincing evidence standard ( see People v Gillotti , 23 NY3d 841, 860-861 [2014]), remittal is unnecessary inasmuch as the record is sufficient to enable this Court to review defendant's contentions under the proper standard ( see People v Loughlin , 145 AD3d 1426 , 1427-1428 [2016], lv denied 29 NY3d 906 [2017]; see generally People v Burke , 139 AD3d 1268, 1269 [2016], lv denied 28 NY3d 909 [2016]).
cited
Cited "see"
Rackowski v. Araya
Dutch Church of City of N.Y., 68 NY2d 456 , 462 n 2 [1986]; see Paramount Pictures Corp. v Allianz Risk Transfer AG, 141 AD3d 464, 467 [2016], Iv granted 28 NY3d 909 [2016]; 67-25 Dartmouth St.
Retrieving the full opinion text from the archive…
Weichert
v.
Village of Parish
v.
Village of Parish
Published
App Div, 4th Dept: 2016 NY Slip Op 74080(U)
denied