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Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Reed
Here, the testimony at issue, i.e., a police investigator’s testimony that the victim identified defendant as the perpetrator of the crime, “did not constitute improper bolstering inasmuch as it was offered for the relevant, nonhearsay purpose of explaining the investigative process and completing the narrative of events leading to . . . defendant’s arrest” (People v Wragg, 115 AD3d 1281 , 1282 [2014], affd 26 NY3d 403 [2015] [internal quotation marks omitted]; see People v Perry, 62 AD3d 1260, 1261 [2009], lv denied 12 NY3d 919 [2009]), and thus defense counsel was not ineffective for…
discussed
Cited "see"
People v. Wragg
With respect to the alleged inferential bolstering, we conclude that the investigator’s passing reference to the victim’s pre-arrest identification of “the individual” did not constitute improper bolstering inasmuch as it was “offered for the relevant, nonhearsay purpose of explaining the investigative process and completing the narrative of events leading to the defendant’s arrest” several days later (People v Rosario, 100 AD3d 660 , 661 [2012], lv denied 20 NY3d 1065 [2013]; see People v Perry, 62 AD3d 1260, 1261 [2009], lv denied 12 NY3d 919 [2009]; People v Mendoza, 35 AD3d 5…
discussed
Cited "see"
WRAGG, WILLIE L., PEOPLE v
With respect to the alleged inferential bolstering, we conclude that the investigator’s passing reference to the victim’s pre-arrest identification of “the individual” did not constitute improper bolstering inasmuch as it was “offered for the relevant, nonhearsay purpose of explaining the investigative process and completing the narrative of events leading to the defendant’s arrest” several days later (People v Rosario, 100 AD3d 660, 661 , lv denied 20 -2- 97 KA 09- 01189 NY3d 1065 ; see People v Perry, 62 AD3d 1260, 1261 , lv denied 12 NY3d 919 ; People v Mendoza, 35 AD3d 507, 5…
discussed
Cited "see"
People v. Wragg
With respect to the alleged inferential bolstering, we conclude that the investigator’s passing reference to the victim’s pre-arrest identification of “the individual” did not constitute improper bolstering inasmuch as it was “offered for the relevant, nonhearsay purpose of explaining the investigative process and completing the narrative of events leading to the defendant’s arrest” several days later (People v Rosario, 100 AD3d 660 , 661 [2012], lv denied 20 NY3d 1065 [2013]; see People v Perry, 62 AD3d 1260, 1261 [2009], lv denied 12 NY3d 919 [2009]; People v Mendoza, 35 AD3d 5…
discussed
Cited "see"
People v. McCray
Access will be provided, however, where a defendant can demonstrate a good faith basis for believing that the records contain “data relevant and material to the determination of guilt or innocence,” a decision which will rest “largely on the exercise of a sound discretion by the trial court” (People v Gissendanner, 48 NY2d at 548 ; see People v Plaza, 60 AD3d 1153, 1154-1155 [2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see"
People v. McCray
Access will be provided, however, where a defendant can demonstrate a good faith basis for believing that the records contain “data relevant and material to the determination of guilt or innocence,” a decision which will rest “largely on the exercise of a sound discretion by the trial court” (People v Gissendanner, 48 NY2d at 548 ; see People v Plaza, 60 AD3d 1153, 1154-1155 [2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see"
People v. DelPrince
Although the victim did not understand the nature of an oath and thus could not give sworn testimony, he possessed “sufficient intelligence and capacity” to give unsworn evidence (CPL 60.20 [2]; see People v Raymond, 60 AD3d 1388 [2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see"
People v. Peryea
The People concede that both driving while intoxicated counts (Vehicle and Traffic Law § 1192 [2], [3]) must be dismissed as lesser inclusory concurrent counts in light of defendant’s conviction for vehicular manslaughter in the second degree (Penal Law § 125.12 [1]; see People v Osborne, 60 AD3d 1310, 1310-1311 [2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see, e.g."
People v. Lara
Had he not done so, or had he terminated his flight, the prosecution would not have been required to take any steps to extradite him ( see People v Diaz , 81 AD3d 516 [1st Dept 2011], lv denied 17 NY3d 794 [2011]; see also People v Ortiz , 60 AD3d 563 [1st Dept 2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see, e.g."
People v. Lara
Had he not done so, or had he terminated his flight, the prosecution would not have been required to take any steps to extradite him ( see People v Diaz , 81 AD3d 516 [1st Dept 2011], lv denied 17 NY3d 794 [2011]; see also People v Ortiz , 60 AD3d 563 [1st Dept 2009], lv denied 12 NY3d 919 [2009]).
discussed
Cited "see, e.g."
People v. Lara
Had he not done so, or had he terminated his flight, the prosecution would not have been required to take any steps to extradite him ( see People v Diaz , 81 AD3d 516 [1st Dept 2011], lv denied 17 NY3d 794 [2011]; see also People v Ortiz , 60 AD3d 563 [1st Dept 2009], lv denied 12 NY3d 919 [2009]).
cited
Cited "see, e.g."
People v. Diaz
People v Atkins, 4 AD3d 252, 253 [2004], lv denied 2 NY3d 795 [2004]; see also People v Ortiz, 60 AD3d 563 [2009], lv denied 12 NY3d 919 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
PERRY (JEROME).
v.
PERRY (JEROME).
New York Court of Appeals.
Jun 23, 2009.
Published
Application in criminal case for leave to appeal denied. (Graffeo, J.).