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Positive treatment
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Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Cipriani
Such "rebuttal testimony was used to challenge the validity of the alibi" defense proffered by defendant ( People v Brooks , 210 AD2d 800 , 802-803 [3d Dept 1994], lv denied 85 NY2d 906 [1995]), and went to "a material, core issue in the case — defendant's whereabouts at the time of the crime" ( People v Cade , 73 NY2d 904, 905 [1989]; see People v Harris , 57 NY2d 335, 345 [1982], cert denied 460 US 1047 [1983]; People v Morehouse , 202 AD3d 1370, 1371 [3d Dept 2022], lv denied 38 NY3d 1073 [2022]).
discussed
Cited "see"
People v. Langdon
Similarly, we conclude that defendant's subsequent statement that the shooting was an act of self-defense "was spontaneous, inasmuch as it was 'in no way the product of an interrogation environment [or] the result of express questioning or its functional equivalent,' " and thus not subject to suppression ( People v Dawson , 149 AD3d 1569, 1570-1571 [4th Dept 2017], lv denied 29 NY3d 1125 [2017]; see People v Harris , 57 NY2d 335, 342 [1982], cert denied 460 US 1047 [1983]).
discussed
Cited "see"
People v. Ero
Turning to defendant’s contention that the statement he made during the booking process should have been suppressed, we find that County Court properly determined that the statement was spontaneous and, therefore, admissible. “[Spontaneous statements made while in custody which are not the product of questioning or its functional equivalent clearly are admissible regardless of whether Miranda warnings were given” (People v Kenyon, 108 AD3d 933, 936 [2013], lv denied 21 NY3d 1075 [2013]; see People v Harris, 57 NY2d 335, 342 [1982], cert denied 460 US 1047 [1983]; People v George, 127 AD3…
discussed
Cited "see"
People v. Wlasiuk
Once a juror has been sworn, peremptory challenges are no longer available; a challenge for cause is permissible, but only before the first witness is sworn at trial and only “upon a ground not known to the challenging party” before the juror was sworn (CPL 270.15 [4]; see People v Harris, 57 NY2d 335, 349-350 [1982], cert denied 460 US 1047 [1983]). .
discussed
Cited "see"
People v. Young
The statements of defendant while using his cell phone were spontaneous inasmuch as “they were in no way the product of an ‘interrogation environment [, i.e.,]’ . . . the result of ‘express questioning or its functional equivalent’ ” (People v Stoesser, 53 NY2d 648, 650 [1981]; see People v Harris, 57 NY2d 335, 342 [1982], cert denied 460 US 1047 [1983]).
discussed
Cited "see"
People v. Kisenik
Even if a defendant is represented by counsel, his or her comments are admissible at trial if they “were spontaneous statements not initiated by police conduct nor the result of police questioning or an interrogation environment” (People v Bolarinwa, 258 AD2d 827, 829 , lv denied 93 NY2d 1014 ; see, People v Harris, 57 NY2d 335, 342 , cert denied 460 US 1047 ; People v Lynes, 49 NY2d 286, 293-295 ).
discussed
Cited "see"
United States v. Caldwell
See United States v. Barnes, 681 F.2d 717, 724 (11th Cir.), reh’g denied, 694 F.2d 233 (11th Cir.1982), cert. denied, 460 U.S. 1046 , 103 S.Ct. 1447 , 75 L.Ed.2d 802 (1983) (drug trafficking crime “is ‘committed’ for venue purposes both in the district where the call was made and in the district where the call was received.”); see also United States v. Lewis, 676 F.2d 508, 511 (11th Cir.), cert. denied, 459 U.S. 976 , 103 S.Ct. 313 , 74 L.Ed.2d 291 (1982).
discussed
Cited "see"
United States v. Oscar Smith, Regina Smith and Gary King, Julia Thom
The government must support its choice of venue “only by a preponderance of the evidence.” United States v. Shearer, 794 F.2d 1545, 1551 (11th Cir.1986); United States v. London, 714 F.2d 1558 , 1564 & n. 9 (11th Cir.1983); see United States v. Barnes, 681 F.2d 717, 722 (11th Cir.1982) (The prosecution must prove territorial jurisdiction and venue, essential elements of any offense, by a preponderance of the evidence rather than beyond a reasonable doubt.), cert. denied, 460 U.S. 1046 , 103 S.Ct. 1447 , 75 L.Ed.2d 802 (1983).
cited
Cited "see"
United States v. Edward J. Elkins
Fed.R.Evid. 703; see United States v. Bagnell, 679 F.2d 826, 833-34 (11th Cir.1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1449 , 75 L.Ed.2d 803 (1983).
discussed
Cited "see"
Hursey Davis v. Warden, Joliet Correctional Institution at Stateville Michael Lane, Director, Department of Corrections, State of Illinois
(2×)
See United States v. Bagnell, 679 F.2d 826, 835-36 (11th Cir.1982), ce rt. denied, 460 U.S. 1047 , 103 S.Ct. 1449 , 75 L.Ed.2d 803 (1983). .
discussed
Cited "see"
People v. Buford
"This statutory test places a greater burden upon the moving party than if the juror was challenged for cause” (People v Ivery, supra; see, People v Harris, 84 AD2d 63, 91 , affd 57 NY2d 335 , cert denied 460 US 1047 ).
discussed
Cited "see"
Young v. Jenne
(2×)
See, Daly v. Sprague, 675 F.2d 716 (5th Cir.1982), cert. den’d 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983); and Gulf Oil Trading Co. v. M/V Caribe Mar, 757 F.2d 743 (5th Cir.1985).
discussed
Cited "see"
People v. Walker
A party has the right to impeach or discredit the testimony of an opponent, and such evidence is always competent (Ankersmit v Tuch, 114 NY 51, 55 ; see, People v Harris, 57 NY2d 335, 345 , cert denied 460 US 1047 ).
discussed
Cited "see"
Davis v. West Community Hospital
(2×)
See Daly v. Sprague, 675 F.2d 716, 721 (1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983). .
discussed
Cited "see"
Davis v. West Community Hospital
(2×)
See Daly v. Sprague, 675 F.2d 716, 721 (1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983) 2 The hospital in its brief does separately address the question of possible bias to the extent that Dr. Teresa Manax, the wife of Dr. Manax who was instrumental in initiating the suspension proceedings, was a member of the hearing panel appointed by the Board 3 The hospital has described its actions as follows: 1 On June 22, 1981, Plaintiff Davis' privileges were summarily suspended by the Chief of the Department of Surgery pursuant to Article VII, Sec. 1 of the Bylaws 2 On June…
discussed
Cited "see"
United States v. Ruben Magdaniel-Mora, Henny Dekom, Ibrahim Nunez, Francisco Vicente-Leon and Felix Calvo-Castillo
(2×)
See United States v. Barnes, 681 F.2d 717, 722 (11th Cir.1982), cert. denied, 460 U.S. 1046 , 103 S.Ct. 1447 , 75 L.Ed.2d 802 (1983); United States v. DeSimone, 660 F.2d 532, 541 (5th Cir. Unit B 1981), cert. denied, 455 U.S. 1027 , 102 S.Ct. 1732 , 72 L.Ed.2d 149 (1982); United States v. Dohm, 597 F.2d 535, 539-40 (5th Cir.), cert. denied, 444 U.S. 937 , 100 S.Ct. 287 , 62 L.Ed.2d 196 (1979); United States v. Marable, 574 F.2d 224, 231 (5th Cir.1978); see also United States v. Merchant, 693 F.2d 767, 769-70 (8th Cir.1982); United States v. Woody, 690 F.2d 678, 680 (8th Cir.1982), cert. denied…
discussed
Cited "see, e.g."
United States v. Monroe
See Thomas , 74 F.3d at 709 ; Langford , 688 F.2d at 1094 ; see also United States v. Bagnell , 679 F.2d 826 , 830 (11th Cir. 1982), cert. denied , 460 U.S. 1047 , 103 S.Ct. 1449 , 75 L.Ed.2d 803 (1983) ("[T]here is no constitutional impediment to the government's power to prosecute pornography dealers in any district into which the material is sent."); United States v. McVicker , 979 F. Supp. 2d 1154 , 1177 (D.
discussed
Cited "see, e.g."
People v. Irvine
Furthermore, defendant’s testimony regarding a similar incident involving the victims’ older sister opened the door to her rebuttal testimony (see People v Lopez, 9 AD3d 692, 693-694 [2004]; see also People v Harris, 57 NY2d 335, 344-345 [1982], cert denied 460 US 1047 [1983]).
discussed
Cited "see, e.g."
People v. Higgins
Inasmuch as the victim’s conduct on the night of the incident was therefore a crucial issue, and the evidence was both simple to prove and did not prejudice defendant, we conclude that County Court properly exercised its discretion in permitting the People to reopen their case (see People v Duplessis, 16 AD3d 846, 847-848 [2005], lv denied 4 NY3d 853 [2005]; People v Miranda, 192 AD2d 725, 725 [1993], lv denied 81 NY2d 1076 [1993]; see also People v Harris, 57 NY2d 335, 345-346 [1982], cert denied 460 US 1047 [1983]; cf. People v Whipple, 97 NY2d 1, 6-8 [2001]).
cited
Cited "see, e.g."
People v. Davis
Even if the testimony was “not technically of a rebuttal nature,” the court had discretion to allow it (CPL 260.30 [7]; see also People v Harris, 57 NY2d 335, 345 , cert denied 460 US 1047 ).
discussed
Cited "see, e.g."
Todoroy v. DCH Healthcare Authority
(2×)
Hosp., 595 F.2d 255, 256 (5th Cir.1979); see also Daly v. Sprague, 675 F.2d 716, 727 (5th Cir.1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983).
discussed
Cited "see, e.g."
Todorov v. DCH Healthcare Authority
(2×)
Hosp., 595 F.2d 255, 256 (5th Cir.1979); see also Daly v. Sprague, 675 F.2d 716, 727 (5th Cir.1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983).
discussed
Cited "see, e.g."
United States v. Ronald Dale Dunn
(2×)
See Fed.R.App.P. 28(a)(5); See also Daly v. Sprague, 675 F.2d 716, 722 (5th Cir.1982), cert. denied, 460 U.S. 1047 , 103 S.Ct. 1448 , 75 L.Ed.2d 802 (1983).
discussed
Cited "see, e.g."
United States v. William Ervin Dekle, Dwight Ragans, and Ronald Mangle, Defendants
See, e.g., U.S. v. Barnes, 681 F.2d 717 (11th Cir.1982), cert. denied, 460 U.S. 1046 , 103 S.Ct. 1447 , 75 L.Ed.2d 802 (1983); U.S. v. Gold, 743 F.2d 800 (11th Cir.1984) (variance exists where the evidence at trial proves facts different from those alleged in the indictment, as opposed to facts which, although not specifically mentioned in the indictment, are entirely consistent with its allegations). 2.
discussed
Cited "see, e.g."
United States v. Cleveland R. Rodgers
See, e.g., United States v. Barnes, 681 F.2d 717, 724 (11th Cir.1982) (“The *543 question is ... whether [the defendant’s] call ... was knowingly or intentionally made for the purpose of facilitating the conspiracy.”), cert. denied, 460 U.S. 1046 , 103 S.Ct. 1447 , 75 L.Ed.2d 802 (1983); United States v. Phillips, 664 F.2d 971, 1032 (5th Cir.1981) (“There was thus a sufficient showing that [the defendant’s] conversation ... had the unlawful purpose of facilitating the commission of the illegal possession with intent to distribute____”), cert. denied, 457 U.S. 1136 , 102 S.Ct. 2965 …
Retrieving the full opinion text from the archive…
Daly
v.
Sprague
v.
Sprague
No. 82-925.
Supreme Court of the United States.
Mar 21, 1983.
Consideration, Took.
Cited by 1 opinion | Published
C. A. 5th Cir. Certiorari denied.
Justice Blackmun took no part in the consideration or decision of this petition.