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Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Middlebrooks
The People laid a sufficient foundation to establish “that the processes and methods employed by the expert in formulating his * * * opinions adhere [d] to accepted standards of reliability within the field” (People v Wilson, 133 AD2d 179, 183 ; see People v Brown, 67 NY2d 555, 560 , cert denied 479 US 1093 ), and a Frye hearing was unnecessary because the expert’s testimony did not involve novel scientific evidence (see People v Wernick, 89 NY2d 111, 115-116 ; see generally Frye v United States, 293 F 1013).
discussed
Cited "see"
United States v. Adam Stillo, Sr. And Joseph T. Stillo
(2×)
See United States v. Lewis, 797 F.2d 358, 365 (7th Cir.1986), certiorari denied, 479 U.S. 1093 , 107 S.Ct. 1308 , 94 L.Ed.2d 162 .
discussed
Cited "see"
People v. Rivas
Defendant selected the latter alternative and was thereby afforded a "meaningful opportunity” to use the allegedly exculpatory material (People v Cortijo, 70 NY2d 868, 870 ; see, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
discussed
Cited "see"
People v. Tessitore
The failure to turn over Brady material does not constitute reversible error where the defendant "is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
discussed
Cited "see"
United States v. Mark Gordon
See United States v. Sandini, 803 F.2d 123, 126 (3d Cir.1986) (objection that evidence was irrelevant not sufficient to preserve consideration of Rule 404 or 403 issues where the substance of the colloquy was not sufficient to indicate that these rules were the basis of the objection), cert. denied, 479 U.S. 1093 (1987). 22 We conclude, moreover, that Rule 404 is not applicable here in any event.
discussed
Cited "see"
People v. Norman
In addition, the detective who interviewed the toll collector was called as a defense witness and questioned about the statement. "[A] defendant’s constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witness[es] or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see, People v Brown, 67 NY2d 555 , cert denied 479 US 1093 ).
discussed
Cited "see, e.g."
People v. Granger
Nor did she have to use the precise words “to a reasonable degree of scientific certainty” (see Matott v Ward, 48 NY2d 455 [1979]; see also People v Brown, 67 NY2d 555, 560 [1986], cert denied 479 US 1093 [1987]), because it is the meaning and context, not the form, of an expert’s opinion that counts.
discussed
Cited "see, e.g."
People v. Thomson
People v Chapman, 97 AD2d 381 [1983]; see generally People v Grant, 96 AD2d 867 [1983]). 2 In other words, these two charges were noninclusory concurrent counts (see CPL 300.30 [4]) and it was within Supreme Court’s discretion to consider both in rendering its verdict (see CPL 300.40 [3] [a]; see also People v Brown, 67 NY2d 555 [1986], cert denied 479 US 1093 [1987]).
discussed
Cited "see, e.g."
People v. Duncan
Although the production of that Brady material was delayed, defendant was “given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see also, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
discussed
Cited "see, e.g."
People v. Pepe
Although the production of certain Brady material was delayed, defendant was “given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s wit nesses or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see also, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
cited
Cited "see, e.g."
Morarji Desai v. Seymour Hersh
See, e.g., United States v. Sandini, 803 F.2d 123, 126 (3rd Cir.1986), cert. denied, 479 U.S. 1093 , 107 S.Ct. 1306 , 94 L.Ed.2d 161 (1987) (Rule 403 objection not preserved without specificity).
cited
Cited "see, e.g."
United States v. Shields
United States v. Rindone, 631 F.2d 491, 493 (7th Cir.1980); see also United States v. Lewis, 797 F.2d 358, 367 (7th Cir.1986), cert. denied, 479 U.S. 1093 , 107 S.Ct. 1308 , 94 L.Ed.2d 162 (1987).
discussed
Cited "see, e.g."
People v. Goodell
When Brady material is turned over during trial, defendant’s right to a fair trial is not violated when "he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see also, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
discussed
Cited "see, e.g."
People v. Vilardi
As is made plain in the Chin opinion, the claimed Brady material was not exculpatory evidence; no demand had been made for it; and the People had no knowledge of it before trial (People v Chin, 67 NY2d, at 33 , supra; see also, People v Brown, 67 NY2d 555, 559 , cert denied 479 US 1093 ).
Retrieving the full opinion text from the archive…
Neville
v.
Finnerty
v.
Finnerty
No. 86-1139.
Supreme Court of the United States.
Feb 23, 1987.
Published
Ct. App. N. Y. Certiorari denied.