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Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
2015
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Hernandez
Inasmuch as there is no evidence in the record to establish that Hispanics were underrepresented in the jury pool or that "the absence of [Hispanics] on the jury panel was a result of a flawed selection process intended to exclude them" ( People v Levy , 52 AD3d 1025, 1025 [3d Dept 2008]; see People v Clarke , 5 AD3d 807, 810 [3d Dept 2004], lv denied 2 NY3d 797 [2004]), we cannot conclude that defense counsel's failure to make those arguments deprived defendant of effective assistance of counsel.
discussed
Cited "see"
People v. Bickham
Defendant's contention that the People failed to charge the grand jury with a lesser included offense is unpreserved, as he did not raise that argument in his pretrial motion ( see People v Sheltray , 244 AD2d 854, 854 [1997], lv denied 91 NY2d 897 [1998]; see generally People v Coleman , 4 AD3d 677, 678 [2004], lv denied 2 NY3d 797 [2004]).
discussed
Cited "see"
People v. Harper
Second, defendant’s arrest for a minor offense “cannot be characterized as a ‘sham’ merely because, after [defendant] was taken into custody, the police were more interested in questioning him about a different and graver crime” (People v Fulton, 257 AD2d 774, 775 [1999], lv denied 93 NY2d 1018 [1999]; see People v Clarke, 5 AD3d 807, 810 [2004], lv denied 2 NY3d 797 [2004]; cf. People v Burley, 60 AD2d 973, 973-974 [1978]).
discussed
Cited "see"
HARPER, BRANDON E., PEOPLE v
Second, defendant’s arrest for a minor offense “cannot be characterized as a ‘sham’ merely because, after [defendant] was taken into custody, the police were more interested in questioning him about a different and graver crime” (People v Fulton, 257 AD2d 774, 775 , lv denied 93 NY2d 1018 ; see People v Clarke, 5 AD3d 807, 810 , lv denied 2 NY3d 797 ; cf. People v Burley, 60 AD2d 973, 973-974 ).
discussed
Cited "see"
People v. Harper
Second, defendant’s arrest for a minor offense “cannot be characterized as a ‘sham’ merely because, after [defendant] was taken into custody, the police were more interested in questioning him about a different and graver crime” (People v Fulton, 257 AD2d 774, 775 [1999], lv denied 93 NY2d 1018 [1999]; see People v Clarke, 5 AD3d 807, 810 [2004], lv denied 2 NY3d 797 [2004]; cf. People v Burley, 60 AD2d 973, 973-974 [1978]).
discussed
Cited "see"
People v. Davis
Defendant’s request for a missing witness charge with respect to the other individual was properly denied as untimely made, i.e., defendant failed to request the charge “as soon as practicable so that the court [could] appropriately exercise its discretion and the parties [could] tailor their trial strategy to avoid ‘substantial possibilities of surprise’ ” (People v Gonzalez, 68 NY2d 424, 428 [1986]; see People v Coleman, 4 AD3d 677, 679 [2004], lv denied 2 NY3d 797 , 3 NY3d 672 [2004]; People v Alamo, 202 AD2d 349 [1994], lv denied 84 NY2d 822 [1994]).
discussed
Cited "see, e.g."
People v. Thomas
Nor do we find that County Court abused its discretion in limiting cross-examination of Gavigan with regard to such collateral matters (see People v Serrano-Gonzalez, 146 AD3d 1013, 1015 [2017], lv denied 29 NY3d 952 [2017]; People v Williamson, 77 AD3d 1183, 1184-1185 [2010]; see also People v Cato, 5 AD3d 394, 394 [2004], lv denied 2 NY3d 797 [2004]).
discussed
Cited "see, e.g."
People v. Patterson
The evidence that defendant sold drugs at his girlfriend’s residence four days before the execution of the search warrant was relevant with respect to the issue of his intent to sell (see People v Perez, 298 AD2d 935, 936 [2002], lv denied 99 NY2d 562 [2002]; see also People v Carson, 4 AD3d 805, 805-806 [2004], lv denied 2 NY3d 797 [2004]; People v Maddox, 256 AD2d 1066, 1067 [1998]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
CARPENTER (TERRELL)
v.
CARPENTER (TERRELL)
Appellate Division of the Supreme Court of the State of New York.
May 4, 2004.
Published
Application in criminal case for leave to appeal denied. (R.S. Smith, J.)