People v. Baker, 814 N.E.2d 467 (N.Y. App. Div. 2004).

discussed Cited "see" People v. Harrison

N.Y. App. Div. · 2013 · signal: see · confidence high

Specifically, if indeterminate sentences are imposed upon both the bail jumping charge and the underlying felony, the bail jumping sentence must run consecutively to the other sentence unless the court “finds mitigating circumstances that bear directly upon the manner in which the crime was committed” (Penal Law § 70.25 [2-c] [emphasis added]; see People v Anonymous, 5 AD3d 112, 113-114 [2004], lv denied 2 NY3d 795 [2004]).

discussed Cited "see" People v. Harrison

N.Y. App. Div. · 2013 · signal: see · confidence high

Specifically, if indeterminate sentences are imposed upon both the bail jumping charge and the underlying felony, the bail jumping sentence must run consecutively to the other sentence unless the court “finds mitigating circumstances that bear directly upon the manner in which the crime was committed” (Penal Law § 70.25 [2-c] [emphasis added]; see People v Anonymous, 5 AD3d 112, 113-114 [2004], lv denied 2 NY3d 795 [2004]).

discussed Cited "see" People v. DePonceau

N.Y. App. Div. · 2012 · signal: see · confidence high

When faced with the denial of his request, defendant, “who was not totally unfamiliar with criminal procedure, so determinedly and so unequivocally insisted on rejecting counsel and proceeding [pro se], the court had no recourse but to permit him to do so” (Medina, 44 NY2d at 209; see People v Allen, 4 AD3d 479 [2004], lv denied 2 NY3d 795 [2004]; People v Robinson, 244 AD2d 364 [1997], lv denied 91 NY2d 879 [1997]).

discussed Cited "see" People v. DePonceau

N.Y. App. Div. · 2012 · signal: see · confidence high

When faced with the denial of his request, defendant, “who was not totally unfamiliar with criminal procedure, so determinedly and so unequivocally insisted on rejecting counsel and proceeding [pro se], the court had no recourse but to permit him to do so” (Medina, 44 NY2d at 209; see People v Allen, 4 AD3d 479 [2004], lv denied 2 NY3d 795 [2004]; People v Robinson, 244 AD2d 364 [1997], lv denied 91 NY2d 879 [1997]).

discussed Cited "see" DEPONCEAU, VICTOR A., PEOPLE v

N.Y. App. Div. · 2012 · signal: see · confidence high

When faced with the denial of his request, -2- 200 KA 08-00634 defendant, “who was not totally unfamiliar with criminal procedure, so determinedly and so unequivocally insisted on rejecting counsel and proceeding [pro se], the court had no recourse but to permit him to do so” (Medina, 44 NY2d at 209; see People v Allen, 4 AD3d 479 , lv denied 2 NY3d 795 ; People v Robinson, 244 AD2d 364 , lv denied 91 NY2d 875, 879 ).

discussed Cited "see, e.g." People v. Maddox

N.Y. App. Div. · 2006 · signal: compare · confidence low

Given the level of force required to inflict these fatal injuries and defendant’s attempt to cover up his conduct, the jury reasonably could have concluded that defendant was aware of an obvious risk of death to the infant (see People v Henderson, 305 AD2d 940, 941-942 [2003], lv denied 100 NY2d 582 [2003]; People v Miller, 290 AD2d 814, 815 [2002], lv denied 98 NY2d 678 [2002]; People v Dexheimer, 214 AD2d 898, 901 [1995], lv denied 86 NY2d 872 [1995]; compare People v Baker, 4 AD3d 606, 611 [2004], lvs denied 2 NY3d 795 [2004]).

discussed Cited "see, e.g." People v. Johnson

N.Y. App. Div. · 2005 · signal: see also · confidence low

Defendant’s allegations were insufficient to support the contention that the prior convictions were unconstitutionally obtained (see People v Shepard, 268 AD2d 540 [2000], lv denied 95 NY2d 804 [2000]; see also People v Allen, 4 AD3d 479, 479-480 [2004], lv denied 2 NY3d 795 [2004]; People v Thompson, 300 AD2d 1032 , 1033 [2002], lv denied 99 NY2d 620 [2003]).