green
Positive treatment
Quoted verbatim 1×
9.7 score
G Cite
cited 2× by 1 distinct case, last quoted 1986 ·
…expert testimony is admissible if the jury may receive 'appreciable help' from it.
⚠ not in text
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 37 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Charles Langford
(2×)
expert testimony is admissible if the jury may receive 'appreciable help' from it.
discussed
Cited "see"
State v. Sumler
See United States v. Saniti, 604 F.2d 603, 605 (9th Cir.) (per curiam) (court properly admitted identification testimony of witnesses who were able to identify clothing worn by individual in surveillance photographs as clothing that belonged to defendant), cert. denied, 444 U.S. 969 , 100 S. Ct. 461 , 62 L.
discussed
Cited "see"
People v. Johnson
The undisputed testimony established that defendant “abandoned the [hand]gun . . . before any contact with police, and thus it cannot be said that the abandonment was ‘coerced or precipitated by unlawful police activity’ ” (People v Stevenson, 273 AD2d 826, 827 [2000], quoting People v Ramirez-Portoreal, 88 NY2d 99, 110 [1996]; see generally People v Boodle, 47 NY2d 398, 404-405 [1979], cert denied 444 US 969 [1979]).
discussed
Cited "see"
JOHNSON, DESMOND, PEOPLE v
The undisputed testimony established that defendant “abandoned the [hand]gun . . . before any contact with police, and thus it cannot be said that the abandonment was ‘coerced or -2- 311 KA 11-02069 precipitated by unlawful police activity’ ” (People v Stevenson, 273 AD2d 826, 827 , quoting People v Ramirez-Portoreal, 88 NY2d 99, 110 ; see generally People v Boodle, 47 NY2d 398, 404-405 , cert denied 444 US 969 ).
cited
Cited "see"
Commonwealth v. Lewis
See United States v. Saniti, 604 F.2d 603, 604 (9th Cir.1979), cert. denied, 444 U.S. 969 , 100 S.Ct. 461 , 62 L.Ed.2d 384 (1979).
discussed
Cited "see"
People v. Sampson
When determining whether an action taken by a defendant following an impermissible seizure dissipated the taint of the illegality, “[t]he test to be applied is whether defendant’s action . . . was spontaneous and precipitated by the illegality or whether it was a calculated act not provoked by the unlawful police activity and thus at tenuated from it” (People v Wilkerson, 64 NY2d 749, 750 [1984]; see People v Boodle, 47 NY2d 398, 402 [1979], cert denied 444 US 969 [1979]; People v Dennis, 31 AD3d 810, 811-812 [2006]).
discussed
Cited "see"
People v. Isidro
Defendant discarded a gun magazine from his pocket as he was being escorted to booking and thereby engaged in an independent act that involved a calculated risk “in no way prompted by any unlawful police conduct” (People v Jones, 238 AD2d 153, 153 [1997], lv denied 90 NY2d 906 [1997]; see People v Boodle, 47 NY2d 398, 402 [1979], cert denied 444 US 969 [1979]).
discussed
Cited "see"
People v. Stevenson
Defendant abandoned the gun on the street before any contact with police, and thus it cannot be said that the abandonment was “coerced or precipitated by unlawful police activity” (People v Ramirez-Portoreal, 88 NY2d 99, 110 ; see, People v Boodle, 47 NY2d 398, 404-405 , cert denied 444 US 969 ).
discussed
Cited "see"
United States v. Sharon Ann Rahm
(2×)
See United States v. Awkard, 597 F.2d 667, 670 (9th Cir.) (reversing where trial court erroneously concluded admission of expert testimony was required under appellate precedent), certs. denied, 444 U.S. 885 , 100 S.Ct. 179 , 62 L.Ed.2d 116 , 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 383 (1979); United States v. Erskine, 588 F.2d 721, 722 (9th Cir.1978) (reversing where exclusion based on erroneous conclusion that capacity to form intent irrelevant).
discussed
Cited "see"
People v. Madera
(People v Howard, supra, at 592 [emphasis added].) With respect to the issue of whether the defendant in Howard (supra) abandoned the vanity case so as to waive his privacy interest in it, the Court found that the defendant’s act of throwing or dropping the vanity case was a "spontaneous reaction” to the necessity of evading pursuers and that therefore the search of the case was invalid (supra, at 593; see generally, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
discussed
Cited "see"
People v. Elliot
The test to be applied is whether the defendant’s action in discarding the gun "was spontaneous and precipitated by the illegality or whether it was a calculated act not provoked by the unlawful police activity and thus attenuated from it” (People v Wilkerson, 64 NY2d 749, 750 ; see, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
discussed
Cited "see"
United States v. Guinn Dutton Hodges
(2×)
See United States v. Awkard, 597 F.2d 667, 671 (9th Cir.), cert. denied, 444 U.S. 885 , 100 S.Ct. 179 , 62 L.Ed.2d 116 and 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 383 (1979); United States v. Barnard, 490 F.2d 907, 912 (9th Cir.1973), cert. denied, 416 U.S. 959 , 94 S.Ct. 1976 , 40 L.Ed.2d 310 (1974).
discussed
Cited "see"
Johnny B. Milton v. P.J. Morris, Warden
(2×)
See United States v. Lee, 589 F.2d 980, 991 (9th Cir.) (brief discussion showing the absence of any real conflict is sufficient inquiry), cert. denied, 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 382 (1979).
discussed
Cited "see"
People v. Dory
Were the entry of Strahm and Anderson into defendant’s house illegal, testimony from them concerning physical evidence observed or seized (People v Evans, 43 NY2d 160 ; People v Laverne, 14 NY2d 304, 310 ; People v O’Neill, 11 NY2d 148, 152 ), or incriminating actions observed and not attenuated (People v Abruzzi, 42 NY2d 813 , affg on opn below 52 AD2d 499 , cert den 434 US 921 ; see People v Young, 55 NY2d 419 , cert den 459 US _ , 103 S Ct 107 , supra, 2 People v Boodle, 47 NY2d 398 , cert den 444 US 969 ), would be inadmissible.
cited
Cited "see"
United States v. Honore M'biye
See United States v. Lee, 589 F.2d 980, 987 (9th Cir.), cert. denied, 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 382 (1979).
discussed
Cited "see, e.g."
State v. Gore
Courts consider the following four factors relevant to determin- ing whether the witness is more likely to correctly iden- tify the defendant than is the jury: (1) the witness’ general level of familiarity with the defendant’s appear- ance; see, e.g., United States v. Jackman, 48 F.3d 1 , 3–6 (1st Cir. 1995) (defendant’s former wife and two acquaintances, each of whom had known defendant for years, had sufficient relevant familiarity with defendant to allow testimony identifying defendant in surveillance footage); (2) the witness’ familiarity with the defen- dant’s appearance, incl…
discussed
Cited "see, e.g."
State v. Gore
Courts consider the following four factors relevant to determin- ing whether the witness is more likely to correctly iden- tify the defendant than is the jury: (1) the witness’ general level of familiarity with the defendant’s appear- ance; see, e.g., United States v. Jackman, 48 F.3d 1 , 3–6 (1st Cir. 1995) (defendant’s former wife and two acquaintances, each of whom had known defendant for years, had sufficient relevant familiarity with defendant to allow testimony identifying defendant in surveillance footage); (2) the witness’ familiarity with the defen- dant’s appearance, incl…
discussed
Cited "see, e.g."
State v. Gore
Courts consider the following four factors relevant to determin- ing whether the witness is more likely to correctly iden- tify the defendant than is the jury: (1) the witness’ general level of familiarity with the defendant’s appear- ance; see, e.g., United States v. Jackman, 48 F.3d 1 , 3–6 (1st Cir. 1995) (defendant’s former wife and two acquaintances, each of whom had known defendant for years, had sufficient relevant familiarity with defendant to allow testimony identifying defendant in surveillance footage); (2) the witness’ familiarity with the defen- dant’s appearance, incl…
discussed
Cited "see, e.g."
People v. Butler
Finally, it was only after this improper search that defendant fled and discarded the drugs; thus, he was not "acting spontaneously or making a conscious and independent decision to abandon the property" ( People v Pirillo , 78 AD3d 1424, 1426 [2010]; compare People v Boodle , 47 NY2d 398, 404 [1979], cert denied 444 US 969 [1979]; People v Riddick , 224 AD2d 782, 783-784 [1996]).
discussed
Cited "see, e.g."
People v. Bilal
Instead, the undisputed facts establish that, when added to the information already known to the police, defendant’s flight created reasonable suspicion warranting pursuit (see People v Moore, 6 NY3d 496, 500-501 [2006]; see also People v Collado, 72 AD3d 614 [1st Dept 2010], lv denied 15 NY3d 850 [2010]), and that the seizure was lawful, in any event, under the doctrine of abandonment (see People v Boodle, 47 NY2d 398, 402 [1979], cert denied 444 US 969 [1979]).
discussed
Cited "see, e.g."
People v. Bilal
Instead, the undisputed facts establish that, when added to the information already known to the police, defendant’s flight created reasonable suspicion warranting pursuit (see People v Moore, 6 NY3d 496, 500-501 [2006]; see also People v Collado, 72 AD3d 614 [1st Dept 2010], lv denied 15 NY3d 850 [2010]), and that the seizure was lawful, in any event, under the doctrine of abandonment (see People v Boodle, 47 NY2d 398, 402 [1979], cert denied 444 US 969 [1979]).
discussed
Cited "see, e.g."
People v. Sumpter
The hearing court properly admitted into evidence the Lorcin .380 handgun found behind the fence in the bushes, as the defendant deliberately abandoned it (see, People v Bloomfield, 221 AD2d 651 ; see also, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
People v. Dinsio
However, even if we were to conclude that County Court’s failure to conduct a Dun-away hearing was error and assume that the officers lacked the requisite suspicion, we would find such error to be harm less since any taint resulting from the alleged illegal pursuit and seizure was fully attenuated by defendants’ subsequent independent actions (see, People v Manning, 199 AD2d 621 , lv denied 83 NY2d 855 ; see also, People v Boodle, 47 NY2d 398, 403-404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
People v. Cross
The statement, which was made after the lineup procedure, was spontaneous and not the result of custodial interrogation and was therefore admissible (see, People v Noto, 188 AD2d 490 ; People v Mitchell, 166 AD2d 676 ; People v Williams, 154 AD2d 724 ; see also, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
Larouche v. Webster
Furthermore, under Federal Rule of Evidence 803(10) (“Rule 803(10)”), an affiant may testify to the absence of records where, “after a diligent search of the records regularly kept by a public office or agency, a certain record, entity, report, etc., has not been found.” United States v. Pinto-Mejia, 720 F.2d 248, 257 (2d Cir.1983) (citation omitted); United States v. Gallego, 913 F.Supp. 209, 216 (S.D.N.Y.1996) (same); see, e.g., United States v. Lee, 589 F.2d 980, 988 (9th Cir.1979) (upholding admissibility of affidavits by CIA officials, which described absence of records, because a…
discussed
Cited "see, e.g."
People v. Lewis
The defendant’s actions were clearly an attempt to dissassociate himself from the contents of the briefcase (see, People v Rose, 149 AD2d 811, 812-813 ; People v Wade, 137 AD2d 638, 639 ; see also, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
State v. Hardy
United States v. Farnsworth, 729 F.2d 1158, 1160 (8th Cir. 1984); see also United States v. Saniti, 604 F.2d 603, 604 (9th Cir.), cert. denied, 444 U.S. 969 *191 (1979); United States v. Brannon, 616 F.2d 413 (9th Cir.), cert. denied, 447 U.S. 908 (1980); United States v. Jackson, 688 F.2d 1121 (7th Cir. 1982), cert. denied, 460 U.S. 1043 (1983); United States v. Towns, 913 F.2d 434 (7th Cir. 1990); United States v. Lucas, 898 F.2d 606 (8th Cir.), cert. denied, 498 U.S. 838 (1990); United States v. Wright, 904 F.2d 403 (8th Cir. 1990).
discussed
Cited "see, e.g."
People v. Phelps
The defendant clearly evidenced his intention to relinquish any expectation of privacy in the purse or its contents and the police lawfully seized it (People v Marrero, supra; see also, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
People v. Holmes
However, the facts of this case, including that the officers were in continuous hot pursuit, with one of them being only 10 feet from the defendant when he divested himself of the bag, compel a finding that the bag was discarded as a spontaneous reaction to the sudden and unexpected pursuit by the officers and not as an "independent act, involving a calculated risk” attenuated from the underlying police conduct (People v Grant, 164 AD2d 170, 174 , appeal dismissed 77 NY2d 926 ; see also, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
United States v. Phillip H. Nicely
See, e.g., United States v. Lee, 589 F.2d 980, 988 (9th Cir.1979) (upholding introduction of affidavits prepared by three CIA officials stating that a search of their records failed to reveal any entries for the defendant), cert. denied, 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 382 (1979).
discussed
Cited "see, e.g."
People v. Weeks
The time between defendant’s eye contact with O’Day and his subsequent deposit of the cocaine in the flower box was sufficient to permit defendant to thoughtfully formulate a strategy to intentionally rid himself of the incriminating packages (see, People v Rosser, 150 AD2d 911 ; see also, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
People v. Wade
Rather, it was an independent act involving a calculated risk that the item would be retrieved (see, People v Prewitt, 120 AD2d 551, 552 ; People v Ford, 82 AD2d 923, 924 ; see also, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
United States v. Kenneth Harold Gourley
See also United States v. Gomer, 603 F.2d 147, 150 (10th Cir.1979), cert. denied 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 382 [“insofar as defendant is contending that deviation from the Justice Department’s ‘Petite policy’ requires reversal, the law in this circuit simply forecloses that argument”]; United States v. Padilla, supra; United States v. Valenzuela, 584 F.2d 374 (10th Cir.1978); United States v. Fritz, 580 F.2d 370 (10th Cir.), cert. denied 439 U.S. 947 , 99 S.Ct. 340 , 58 L.Ed.2d 338 (1978).
discussed
Cited "see, e.g."
Roger Lee McQueen v. Samuel P. Garrison Attorney General of North Carolina, Rufus Edmisten
See, e.g., United States v. Awkard, 597 F.2d 667 (9th Cir.), cert. denied, 444 U.S. 885 , 100 S.Ct. 179 , 62 L.Ed.2d 116 and 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 383 (1979); United States v. Adams, 581 F.2d 193 (9th Cir.), cert. denied, 439 U.S. 1006 , 99 S.Ct. 621 , 58 L.Ed.2d 683 (1978); United States v. Narcisco, 446 F.Supp. 252 (E.D.Mich.1977).
discussed
Cited "see, e.g."
United States v. George Michael Gwaltney
(2×)
See also United States v. Awkard, 597 F.2d 667, 669 (9th Cir.), cert. denied, 444 U.S. 885 , 100 S.Ct. 179 , 62 L.Ed.2d 116 (1979) and 444 U.S. 969 , 100 S.Ct. 460 , 62 L.Ed.2d 383 (1979); United States v. Amaral, 488 F.2d 1148, 1152 (9th Cir.1973).
discussed
Cited "see, e.g."
People v. Prewitt
That abandonment was not caused by any illegal or coercive police conduct, but rather was an "independent act involving a calculated risk that the weapon would be retrieved” (see, People v Ford, 82 AD2d 923, 924 ; see also, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ).
discussed
Cited "see, e.g."
Vance v. Rice
See, e. g., United States v. Saniti, 604 F.2d 603, 604 (9th Cir. 1979), cert. den. 444 U.S. 969 , 100 S.Ct. 461 , 62 L.Ed.2d 384 (1979); United States v. Mathis, 559 F.2d 294, 298-99 (5th Cir. 1977); United States v. Apodaca, 522 F.2d 568, 571 (10th Cir. 1975).
Retrieving the full opinion text from the archive…
Lee
v.
United States
v.
United States
No. 79-5279.
Supreme Court of the United States.
Nov 26, 1979.
Cited by 1 opinion | Published
Citer courts: Ninth Circuit (2)
C. A. 9th Cir. Cer-tiorari denied.