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Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Devine
Factors to consider in determining whether a witness has a sufficiently reliable independent basis for an identification include "the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation" ( Neil v Biggers , 409 US 188, 199-200 [1972]; see People v Lopez , 85 AD3d 1641, 1641 [4th Dept 2011], lv denied 17 NY3d 860 [2011]).
discussed
Cited "see"
People v. Rodriguez-Ricardo
The sentencing court had authority "to issue an order of protection, and set the terms thereof, even in the absence of the victim's consent" ( People v Richardson , 134 AD3d 1566 , 1567 [4th Dept 2015] , lv denied 27 NY3d 1074 [2016] [internal quotation marks omitted]; see People v Lilley , 81 AD3d 1448 , 1448 [4th Dept 2011], lv denied 17 NY3d 860 [2011]).
discussed
Cited "see"
People v. Range
Factors to consider in determining whether a witness has a sufficiently reliable independent basis for an identification include "the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation" ( Neil v Biggers , 409 US 188, 199-200 [1972]; see People v Lopez , 85 AD3d 1641, 1641 [4th Dept 2011], lv denied 17 NY3d 860 [2011]).
discussed
Cited "see"
People v. Mohamed
Furthermore, “[w]here, as here, witness credibility is of paramount importance to the determination of guilt or innocence, the appellate court must give ‘[g]reat deference . . . [to the jury’s] opportunity to view the witnesses, hear the testimony and observe demeanor’ ” (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4 NY3d 831 [2005], quoting People v Bleakley, 69 NY2d 490, 495 [1987]; see People v Kilbury, 83 AD3d 1579, 1580 [2011], lv denied 17 NY3d 860 [2011]).
discussed
Cited "see"
MOHAMED, MOHAMED A., PEOPLE v
Furthermore, “[w]here, as here, witness credibility is of paramount importance to the determination of guilt or innocence, the appellate court must give ‘[g]reat deference . . . [to the jury’s] opportunity to view the witnesses, hear the testimony and observe demeanor’ ” (People v Harris, 15 AD3d 966, 967 , lv denied 4 NY3d 831 , quoting People v Bleakley, 69 NY2d 490, 495 ; see People v Kilbury, 83 AD3d 1579, 1580 , lv denied 17 NY3d 860 ).
discussed
Cited "see"
People v. Allen
“Where . . . witness credibility is of paramount importance to the determination of guilt or innocence, [we] must give ‘[g]reat deference ... [to the jury’s] opportunity to view the witnesses, hear the testimony and observe demeanor’ ” (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4 NY3d 831 [2005], quoting Bleakley, 69 NY2d at 495 ; see People v Kilbury, 83 AD3d 1579, 1580 [2011], lv denied 17 NY3d 860 [2011]; People v Batista, 235 AD2d 631, 631-632 [1997], lv denied 89 NY2d 1088 [1997]).
discussed
Cited "see"
ALLEN, KEVIN L., PEOPLE v
“Where . . . witness credibility is of paramount importance to the determination of guilt or innocence, [we] must give ‘[g]reat deference . . . [to the jury’s] opportunity to view the witnesses, hear the testimony and observe demeanor’ ” (People v Harris, 15 AD3d 966, 967 , lv denied 4 NY3d 831 , quoting Bleakley, 69 NY2d at 495 ; see People v Kilbury, 83 AD3d 1579, 1580 , lv denied 17 NY3d 860 ; People v Batista, 235 AD2d 631, 631-632 , lv denied 89 NY2d 1088 ).
discussed
Cited "see, e.g."
People v. Brown
The juror made clear that during the trial he could not avoid working late into the night at his profession, and he would be extremely sleep deprived and unable to concentrate ( see People v Wells , 15 NY3d 927, 928 [2011], cert denied 565 US 828 [2011]; see also People v Knight , 84 AD3d 670, 671 [1st Dept 2011], lv denied 17 NY3d 860 [2011]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
LEE.
v.
LEE.
Not in source.
New York Court of Appeals.
Sep 7, 2011.
Published
Application in criminal case for leave to appeal denied reconsideration. (Jones, J.).