green
Positive treatment
Quoted verbatim 1×
10.6 score
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Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 46 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Michael A. Lipscomb
(2×)
But cf. United States v. Petsas, 592 F.2d 525, 528 (9th Cir.) (at defense request, court instructed government not to impeach its own witness, who was apparently a co-conspirator of the defendant), cert, denied, 442 U.S. 910 , 99 S.Ct. 2824 , 61 L.Ed.2d 276 (1979). .
examined
Cited as authority (quoted)
Jones v. Speckard
there is no distinction between liability as a principal and criminal culpability as an accessory and the status for which the defendant is convicted has no bearing upon the theory of the prosecution.
discussed
Cited "see"
People v. Kilgore
However, we agree with defendant that County Court abused its discretion in curtailing defendant's cross-examination of a police detective who took a statement from the victim. " 'Once a proper foundation is laid, a party may show that an adversary's witness has, on another occasion, made oral or written statements which are inconsistent with some material part of the trial testimony, for the purpose of impeaching the credibility and thereby discrediting the testimony of the witness' " ( People v Bradley , 99 AD3d 934, 936 [2d Dept 2012]; see People v Duncan , 46 NY2d 74, 80 [1978], rearg deni…
discussed
Cited "see"
People v. Murray
"An indictment charging a defendant as a principal is not unlawfully amended by the admission of proof and instruction to the jury that a defendant is additionally charged with acting-in-concert to commit the same crime, nor does it impermissibly broaden a defendant's basis of liability, as there is no legal distinction between liability as a principal or criminal culpability as an accomplice" ( People v Rivera , 84 [*2]NY2d 766, 769 [1995]; see People v Duncan , 46 NY2d 74, 79-80 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; People…
discussed
Cited "see"
People v. Atkinson
"An indictment charging a defendant as a principal is not unlawfully amended by the admission of proof and instruction to the [factfinder] that a defendant is additionally charged with acting-in-concert to commit the same crime, nor does it impermissibly broaden a defendant's basis of liability, as there is no legal distinction between liability as a principal or criminal culpability as an accomplice" ( People v Rivera , 84 NY2d 766, 769 [1995]; see People v Duncan , 46 NY2d 74, 79-80 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; Pe…
discussed
Cited "see"
People v. McCullough
Defendant failed to lay a proper foundation for the admission of the statements through a police witness (see People v Fiedorczyk, 159 AD2d 585, 586-587 [1990], lv denied 76 NY2d 788 [1990]; see generally People v Duncan, 46 NY2d 74, 80-81 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; People v Owens, 70 AD3d 1469, 1470 [2010], lv denied 14 NY3d 890 [2010]).
discussed
Cited "see"
People v. McCullough
Defendant failed to lay a proper foundation for the admission of the statements through a police witness (see People v Fiedorczyk, 159 AD2d 585, 586-587 [1990], lv denied 76 NY2d 788 [1990]; see generally People v Duncan, 46 NY2d 74, 80-81 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; People v Owens, 70 AD3d 1469, 1470 [2010], lv denied 14 NY3d 890 [2010]).
discussed
Cited "see"
MCCULLOUGH, JAMELL R., PEOPLE v
Defendant failed to lay a proper foundation for the admission of the statements through a police witness (see People v Fiedorczyk, 159 AD2d 585, 586-587 , lv denied 76 NY2d 788 ; see generally People v Duncan, 46 NY2d 74, 80-81 , rearg denied 46 NY2d 940 , cert denied 442 US 910 , rearg dismissed 56 NY2d 646 ; People v Owens, 70 AD3d 1469, 1470 , lv denied 14 NY3d 890 ).
cited
Cited "see"
Taylor v. Connelly
See People v. Duncan, 46 N.Y.2d 74 , 412 N.Y.S.2d 833 , 385 N.E.2d 572, 576 (1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
discussed
Cited "see"
People v. Allen
Defendant’s contention that the amendment changed the theory of the prosecution is erroneous inasmuch as “[w]hether a defendant is charged as a principal or an accomplice to a crime has no bearing on the theory of the prosecution” (People v Rivera, 84 NY2d 766, 769 [1995]; see People v Duncan, 46 NY2d 74, 79-80 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]).
discussed
Cited "see"
ALLEN, ANTHONY J., PEOPLE v
Defendant’s contention that the amendment changed the theory of the prosecution is erroneous inasmuch as “[w]hether a defendant is charged as a principal or an accomplice to a crime has no bearing on the theory of the prosecution” (People v Rivera, 84 NY2d 766, 769 ; see People v Duncan, 46 NY2d 74, 79-80 , rearg denied 46 NY2d 940 , cert denied 442 US 910 , rearg dismissed 56 NY2d 646 ).
discussed
Cited "see"
People v. Allen
Defendant’s contention that the amendment changed the theory of the prosecution is erroneous inasmuch as “[w]hether a defendant is charged as a principal or an accomplice to a crime has no bearing on the theory of the prosecution” (People v Rivera, 84 NY2d 766, 769 [1995]; see People v Duncan, 46 NY2d 74, 79-80 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]).
discussed
Cited "see"
People v. Solomon
We agree with defendant, however, that the court erred in charging the jury that the victim of the assault was justified to use physical force “to the extent that he . . . reasonably believe [d] such to be necessary to prevent or terminate what he . . . reasonably believe[d] to be the commission ... of larceny” (Penal Law § 35.25). “ ‘It is a fundamental rule of law that jury instructions are required to be responsive to the issues presented by the evidence’ ” (People v Lewis, 160 AD2d 815, 816 [1990], lv dismissed 76 NY2d 738 [1990]; see generally CPL 300.10 [2]), and it is error…
discussed
Cited "see"
People v. Solomon
We agree with defendant, however, that the court erred in charging the jury that the victim of the assault was justified to use physical force “to the extent that he . . . reasonably believe [d] such to be necessary to prevent or terminate what he . . . reasonably believe[d] to be the commission ... of larceny” (Penal Law § 35.25). “ ‘It is a fundamental rule of law that jury instructions are required to be responsive to the issues presented by the evidence’ ” (People v Lewis, 160 AD2d 815, 816 [1990], lv dismissed 76 NY2d 738 [1990]; see generally CPL 300.10 [2]), and it is error…
discussed
Cited "see"
SOLOMON, JOEQUELL E., PEOPLE v
We agree with defendant, however, that the court erred in charging the jury that the victim of the assault was justified to use physical force “to the extent that he . . . reasonably believe[d] such to be necessary to prevent or terminate what he . . . reasonably -2- 574 KA 10-01960 believe[d] to be the commission . . . of larceny” (Penal Law § 35.25). “ ‘It is a fundamental rule of law that jury instructions are required to be responsive to the issues presented by the evidence’ ” (People v Lewis, 160 AD2d 815, 816 , lv dismissed 76 NY2d 738 ; see generally CPL 300.10 [2]), and it…
discussed
Cited "see"
People v. Thompson
Initially, we note that it is unnecessary that the indictment specify that the People were pursuing such a theory (see People v Rivera, 84 NY2d 766, 769 [1995]; see People v Duncan, 46 NY2d 74, 79-80 [1978], cert denied 442 US 910 [1979]; People v Robinson, 53 AD3d 681, 683-684 [2008], lv denied 11 NY3d 794 [2008]).
discussed
Cited "see"
People v. Young
“An indictment charging a defendant as a principal is not unlawfully amended by the admission of proof and instruction to the jury that a defendant is additionally charged with acting-in-concert to commit the same crime, nor does it impermissibly broaden a defendant’s basis of liability, as there is no legal distinction between liability as a principal or criminal culpability as an accomplice” (People v Rivera, 84 NY2d 766, 769 [1995]; see People v Duncan, 46 NY2d 74, 79-80 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; People …
discussed
Cited "see"
People v. Kirton
This charge was clearly permissible (see People v Rivera, 84 NY2d 766, 769-770 [1995]; accord People v Mateo, 2 NY3d 383, 408-409 [2004], cert denied 542 US 946 [2004]) as there is “no distinction between liability as a principal and criminal culpability as an accessory” (People v Duncan, 46 NY2d 74, 79-80 [1978], cert denied 442 US 910 [1979]; see People v Watrous, 270 AD2d 651, 653-654 [2000]).
discussed
Cited "see"
People v. Webb
In any event, it is well settled that “there is no legal distinction between liability as a principal or criminal culpability as an accomplice” (People v Rivera, 84 NY2d 766, 769 ; see, People v Duncan, 46 NY2d 74, 79-80 , rearg denied 46 NY2d 940 , cert denied 442 US 910 , rearg dismissed 56 NY2d 646 ).
discussed
Cited "see"
Lena Mullahon, Administratrix of the Estate of Glenn Chiquito, Deceased v. Union Pacific Railroad, a Utah Corporation
See Brooks v. Washington Terminal Co., 593 F.2d 1285, 1288-89 (D.C.Cir.), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979) (assailant not acting in furtherance of employer’s interest where motivated by revenge).
cited
Cited "see"
Shadburne v. Dalkon Shield Trust
See Ramey v. Harber, 589 F.2d 753, 758 (4th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
cited
Cited "see"
Rouse v. Nielson
See Ramey v. Harber, 589 F.2d 753, 758 (4th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
discussed
Cited "see"
Walsh v. Ward
See Ramey v. Harder, 589 F.2d 753 (4th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979); Aufiero v. Clarke, 639 F.2d 49 (1st Cir.), cert. denied, 452 U.S. 917 , 101 S.Ct. 3052 , 69 L.Ed.2d 421 (1985); Marino v. Bowers, 657 F.2d 1363 (3d Cir.1981) ( en banc).
cited
Cited "see"
People v. Sandoval
See Richardson v. U.S., 577 F.2d 447 (8th Cir.1978), ce rt. denied, 442 U.S. 910 , 99 S.Ct. 2824 , 61 L.Ed.2d 276 (1979).
cited
Cited "see"
Craig A. Roberson v. United States
See Richardson v. United States, 577 F.2d 447, 452 (8th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2824 , 61 L.Ed.2d 276 (1979).
discussed
Cited "see"
Joseph Rice v. Robert Hoke, Warden, Eastern Correctional Facility, and Robert Abrams, Attorney General of the State of New York
See People v. Duncan, 46 N.Y.2d 74, 80 , 385 N.E.2d 572, 576 , 412 N.Y.S.2d 833, 837 (1978) (“all requests to submit lesser included offenses, as a general rule, should be made prior to submission to the jury”), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979); People v. Hanley, 87 A.D.2d 850, 851 , 449 N.Y.S.2d 247, 248 (1982).
cited
Cited "see"
Horace E. Hollis v. United States
See Richardson v. United States, 577 F.2d 447, 452 (8th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2824 , 61 L.Ed.2d 276 (1979).
cited
Cited "see"
Green v. River Terminal Railway Co.
See Brooks v. Washington Terminal Company, 593 F.2d 1285 (D.C.Cir.), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
discussed
Cited "see"
People v. Griffin
We thus conclude that the testimony of prostitute accomplices received against their promoter must be supported by corroborative evidence “tending to connect the defendant with the commission of [the] offense” (CPL 60.22, subd 1; see People v Duncan, 46 NY2d 74, 79 , cert den 442 US 910 ).
cited
Cited "see"
Weaver v. Bowers
See Ramey v. Harber, 589 F.2d 753 (4th Cir. 1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979); Litwhiler v. Hidlay, 429 F.Supp. 984 (M.D.Pa.1977).
cited
Cited "see"
Weaver v. Bowers
See Ramey v. Harber, 589 F.2d 753 (4th Cir. 1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979); Litwhiler v. Hidlay, 429 F.Supp. 984 (M.D.Pa.1977).
discussed
Cited "see"
Ingle v. Illinois Central Gulf Railroad
See Ramey v. Harber, 589 F. 753 (4th Cir. 1978), cert. denied 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 ; Kacher v. Pittsburgh National Bank, 545 F.2d 842 (3rd Cir. 1976); Fuentes v. Shevin, 407 U.S. 67 , 92 S.Ct. 1983 , 32 L.Ed.2d 556 (1973); Lemon v. Kurtzman, 411 U.S. 192 , 93 S.Ct. 1463 , 36 L.Ed.2d 151 (1973); Linkletter v. Walker, 381 U.S. 618, 629 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965); and Keltner v. Keltner, 589 S.W.2d 235 (Mo. en banc, 1979), regarding preference for prospective application.
cited
Cited "see"
United States v. John Gregory Lambros
See Richardson v. United States, 577 F.2d 447 , 449 n.1, 451 (8th Cir. 1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2824 , 61 L.Ed.2d 276 (1979).
discussed
Cited "see, e.g."
People v. Smalls (Phillip)
(2×)
Furthermore, "the purported inconsistency rests on a slender semantic basis" ( People v Jackson , 29 AD3d 400, 401 [2006], lv denied 7 NY3d 790 [2006]), and had little or no probative value with regard to any issue other than general credibility ( see People v Aska , 91 NY2d 979, 981-982 [1998]; see also People v Duncan , 46 NY2d 74, 80-81 [1978], cert denied 442 US 910 [1979]).
discussed
Cited "see, e.g."
People v. Collins
We conclude that, on cross-examination of the victim, defense counsel had laid an adequate foundation for the admission of that prior' inconsistent statement by eliciting testimony that the victim had never discussed the matter with the defense witness and had never told the defense witness that the alleged occurrence “between [her] and [defendant] might not have happened” (see People v Bradley, 99 AD3d 934, 936-937 [2012]; see also People v Duncan, 46 NY2d 74, 80-81 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; see generally Pe…
discussed
Cited "see, e.g."
People v. Collins
We conclude that, on cross-examination of the victim, defense counsel had laid an adequate foundation for the admission of that prior' inconsistent statement by eliciting testimony that the victim had never discussed the matter with the defense witness and had never told the defense witness that the alleged occurrence “between [her] and [defendant] might not have happened” (see People v Bradley, 99 AD3d 934, 936-937 [2012]; see also People v Duncan, 46 NY2d 74, 80-81 [1978], rearg denied 46 NY2d 940 [1979], cert denied 442 US 910 [1979], rearg dismissed 56 NY2d 646 [1982]; see generally Pe…
discussed
Cited "see, e.g."
COLLINS, TODD M., PEOPLE v
We conclude that, on cross-examination of the victim, defense counsel had laid an adequate foundation for the admission of that prior inconsistent statement by eliciting testimony that the victim had never discussed the matter with the defense witness and had never told the defense witness that the alleged occurrence “between [her] and [defendant] might not have happened” (see People v Bradley, 99 AD3d 934, 936-937 ; see also People v Duncan, 46 NY2d 74, 80-81 , rearg denied 46 NY2d 940 , cert denied 442 US 910 , rearg dismissed 56 NY2d 646 ; see generally People v Concepcion, 175 AD2d 324…
discussed
Cited "see, e.g."
People v. Metellus
The subject matter of the alleged inconsistency was essentially collateral, and it had little or no probative value with regard to any issue other than general credibility (see People v Aska, 91 NY2d 979, 981 [1998]; see also People v Duncan, 46 NY2d 74, 80-81 [1978], cert denied 442 US 910 [1979]).
discussed
Cited "see, e.g."
People v. Henry
Accordingly, defendant failed to lay the proper foundation for introducing the alleged prior inconsistent statement (see People v Wise, 46 NY2d 321, 326 ; see also People v Duncan, 46 NY2d 74, 80-81 , cert denied 442 US 910 ).
cited
Cited "see, e.g."
People v. Medina
Victory v New York, 416 US 905 ; People v Jackson, 202 AD2d 246 ; see also, People v Duncan, 46 NY2d 74, 80-81 , cert denied 442 US 910 ).
cited
Cited "see, e.g."
Alvarez v. Scully
See, e.g., People v. Duncan, 46 N.Y.2d 74, 80 , 412 N.Y.S.2d 833, 837-38 , 385 N.E.2d 572, 576 (1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
discussed
Cited "see, e.g."
People v. Brooks
Nevertheless, the trial court properly permitted proof that tended to establish that the defendant acted in concert with others in the commission of the burglary (see, People v Coker, 135 AD2d 723 ; People v Monahan, 114 AD2d 380 ; Matter of Silverstro v Kavanagh, 98 AD2d 833 ; see also, People v Duncan, 46 NY2d 74, 79-80 , cert denied 442 US 910 ).
cited
Cited "see, e.g."
Grimes v. Owens-Corning Fiberglass Corp.
See, also Ramey v. Harber, 589 F.2d 753, 757-60 (4th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979).
discussed
Cited "see, e.g."
Joyner v. Lancaster
In Elrod the Supreme Court held that a “nonpolicymaking, nonconfidential government employee cannot be discharged ... from a job that he is satisfactorily performing upon the sole ground of his political beliefs.” 427 U.S. at 375 , 96 S.Ct. at 2690 , 49 L.Ed.2d at 566 (Stewart, J., concurring); see also Ramey v. Harber, 589 F.2d 753 (4th Cir.1978), cert. denied, 442 U.S. 910 , 99 S.Ct. 2823 , 61 L.Ed.2d 275 (1979); McCollum v. Stahl, 579 F.2d 869, 872 (4th Cir.1978), cert. denied, 440 U.S. 912 , 99 S.Ct. 1225 , 59 L.Ed.2d 460 (1979) (plaintiff is dischargeable at will if he was not simply …
cited
Cited "see, e.g."
People v. Hentschel
Such being the case, the court’s charge was prejudicial to defendant, and a new trial must be had (cf. People v Valerio, 64 AD2d 516 ; see, also, People v Duncan, 46 NY2d 74 , cert den 442 US 910 ).
Retrieving the full opinion text from the archive…
Ramey
v.
Harber, Sheriff
v.
Harber, Sheriff
No. 78-1519.
Supreme Court of the United States.
May 29, 1979.
Published
Citer courts: W.D. New York (1)
C. A. 4th Cir. Certiorari denied.