People v. Ferguson, 906 N.E.2d 1094 (NY 2009).

discussed Cited "see" People v. Hightower

N.Y. App. Div. · 2020 · signal: see · confidence high

"Each case must be examined on its unique facts to determine the nature of the misconduct and the likelihood that prejudice was engendered" ( People v Irizarry , 83 NY2d 557, 561 [1994] [internal quotation marks and citation omitted]; see People v Douglas , 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" People v. Sindoni

N.Y. App. Div. · 2019 · signal: see · confidence high

The inconsistencies in the testimony as to defendant's description, together with the alibi evidence, presented "credibility issues for the trier of fact to determine" ( People v Wilson , 71 AD3d 1333, 1334 [2010]; see People v Douglas , 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" People v. Sindoni

N.Y. App. Div. · 2019 · signal: see · confidence high

The inconsistencies in the testimony as to defendant's description, together with the alibi evidence, presented "credibility issues for the trier of fact to determine" ( People v Wilson , 71 AD3d 1333, 1334 [2010]; see People v Douglas , 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" People v. Pratt

N.Y. App. Div. · 2018 · signal: see · confidence high

The accomplice charge was accurate because, "[w]here multiple crimes are charged and the record shows that the crimes involved a common plan or scheme, evidence corroborating the accomplice on one crime is sufficient to provide the required corroboration on the others" ( People v Spencer , 272 AD2d 682, 684 [2000], lv denied 95 NY2d 858 [2000]; see People v Thomas , 55 AD3d 357 , 359 [2008], lvs denied 12 NY3d 783 , 785, 788 [*3][2009]; People v Crow , 284 AD2d 653, 654 [2001], lv denied 96 NY2d 900 [2001]).

discussed Cited "see" Swartz v. St. Mary's Hospital of Amsterdam

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

Although a court must generally avoid inquiry into the jury’s deliberative process (see People v Brown, 48 NY2d 388, 393 [1979]; People v Karen, 17 AD3d 865, 867 [2005], lv denied 5 NY3d 764 [2005]), a jury’s verdict may be overturned by a showing of improper influence by a juror, including even “ ‘well-intentioned jury conduct which tends to put the jury in possession of evidence not introduced at trial’ ” (People v Maragh, 94 NY2d 569, 573 [2000], quoting People v Brown, 48 NY2d at 393 ; see People v Douglas, 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" Swartz v. St. Mary's Hospital of Amsterdam

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

Although a court must generally avoid inquiry into the jury’s deliberative process (see People v Brown, 48 NY2d 388, 393 [1979]; People v Karen, 17 AD3d 865, 867 [2005], lv denied 5 NY3d 764 [2005]), a jury’s verdict may be overturned by a showing of improper influence by a juror, including even “ ‘well-intentioned jury conduct which tends to put the jury in possession of evidence not introduced at trial’ ” (People v Maragh, 94 NY2d 569, 573 [2000], quoting People v Brown, 48 NY2d at 393 ; see People v Douglas, 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" People v. Artis

N.Y. App. Div. · 2011 · signal: see · confidence high

However, “not every misstep by a juror rises to the inherently prejudicial level at which reversal is required” (People v Brown, 48 NY2d 388, 394 [1979]; see People v Douglas, 57 AD3d 1105, 1106 [2008], lv denied 12 NY3d 783 [2009]).

discussed Cited "see" People v. Guitierrez

N.Y. App. Div. · 2010 · signal: see · confidence high

Contrary to defendant’s further contention, the court did not abuse its discretion in permitting the prosecutor to recall a witness well before the close of the People’s case and, after a limited cross-examination of that witness, to address an identification issue that the prosecutor failed to address during his direct examination of that witness (see People v Guiterrez, 270 AD2d 184 [2000]; People v Ketchmore, 132 AD2d 889 , 891 n [1987], lv denied 70 NY2d 752 [1987]; see generally People v Dennis, 55 AD3d 385 [2008], lv denied 12 NY3d 783 [2009]).

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

N.Y. App. Div. · 2016 · signal: see also · confidence low

“Accordingly, the merits of the ineffectiveness claims may not be addressed on appeal” (People v Polanco, 121 AD3d 436, 437 [1st Dept 2014], lv denied 24 NY3d 1221 [2015]; see also People v Thomas, 55 AD3d 357 , 359-360 [1st Dept 2008], lv denied 12 NY3d 785 [2009], 12 NY3d 788 [2009], 12 NY3d 783 [2009]; see also People v Baron, 133 AD3d 516 [1st Dept 2015]).