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Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009
2017
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Watts
Contrary to defendant's contention, the victim's testimony "was not incredible as a matter of law . . . , and the conflicting testimony raised issues of credibility for the jury to resolve" ( People v Reid , 281 AD2d 986 , 986 [4th Dept 2001], lv denied 96 NY2d 923 [2001]; see People v Johnson , 56 AD3d 1172 , 1173 [4th Dept 2008], lv denied 11 NY3d 926 [2009]; People v Baker , 30 AD3d 1102 , 1102-1103 [4th Dept 2006], lv denied 7 NY3d 846 [2006]) .
discussed
Cited "see"
People v. Romanowski
Noting the existence of a right is not equivalent to invoking that right, and given that defendant never actually invoked his right to represent himself, the court had no obligation to conduct "a full inquiry . . . as to whether it should permit him to proceed pro se" ( People v Richards , 118 AD3d 599 , 600 [1st Dept 2014], lv denied 24 NY3d 1088 [2014]; see People v Johnson , 55 AD3d 328 , 328 [1st Dept 2008], lv denied 11 NY3d 926 [2009]).
discussed
Cited "see"
People v. Boykins
In addition, because the trial evidence establishes two distinct acts that may constitute attempted murder, “[i]t is impossible to ascertain . . . whether different jurors convicted defendant based on different acts” (McNab, 167 AD2d at 858 ; see People v Jacobs, 52 AD3d 1182, 1183 [2008], lv denied 11 NY3d 926 [2009]).
discussed
Cited "see"
BOYKINS, KENNETH, PEOPLE v
In addition, because the trial evidence establishes two distinct acts that may constitute attempted murder, “[i]t is impossible to ascertain . . . whether different jurors convicted -2- 638 KA 07-02086 defendant based on different acts” (McNab, 167 AD2d at 858 ; see People v Jacobs, 52 AD3d 1182, 1183 , lv denied 11 NY3d 926 ).
discussed
Cited "see"
People v. Crouch
In order to prevail on his contention that he was deprived of effective assistance of counsel, defendant was required to demonstrate “the absence of strategic or otherwise legitimate explanations” for defense counsel’s failure to make the pretrial motion (People v Garcia, 75 NY2d 973, 974 [1990]; see People v Jacobs, 52 AD3d 1182 [2008], lv denied 11 NY3d 926 [2009]), and defendant failed to do so here.
discussed
Cited "see"
People v. Gray
We thus agree with defendant that the court abused its discretion in denying his motion because, in fact, the contention of defendant that he was denied his right to testify before the grand jury was forfeited by the plea (see People v Winchester, 38 AD3d 1336, 1337 [2007], lv denied 9 NY3d 853 [2007]; see generally People v Kyser, 56 AD3d 1216 [2008], lv denied 11 NY3d 926 [2009]; People v Robertson, 255 AD2d 968 [1998], lv denied 92 NY2d 1053 [1999]).
discussed
Cited "see"
People v. Major
That count was properly joined pursuant to CPL 200.20 (2) (b) because evidence that defendant sought assistance in finding and killing the murder victim, who was a witness to the other offenses charged, was material and admissible as evidence-in-chief in establishing defendant’s consciousness of guilt with respect to those other offenses (see People v Bongarzone, 69 NY2d 892, 895 [1987]). “[0]nce the offenses were properly joined, the court lacked the statutory authority to sever” (People v Cornell, 17 AD3d 1010, 1011 [2005], lv denied 5 NY3d 805 [2005]; see People v Lee, 56 AD3d 1192 , …
discussed
Cited "see, e.g."
People v. Moore
Defendant’s further contentions with respect to his motions to set aside the sentence pursuant to CPL 440.20 are not properly before us on appeal from the judgment of conviction, and defendant has not obtained permission to appeal from the order denying those motions (see People v Thayer, 210 AD2d 977 [1994]; see also People v Jermain, 56 AD3d 1165 [2008], lv denied 11 NY3d 926 [2009]).
discussed
Cited "see, e.g."
MOORE, RICHARD M., PEOPLE v
Defendant’s further contentions with respect to his motions to set aside the sentence pursuant to CPL 440.20 are not properly before us on appeal from the judgment of conviction, and defendant has not obtained permission to appeal from the order denying those motions (see People v Thayer, 210 AD2d 977 ; see also People v Jermain, 56 AD3d 1165 , lv denied 11 NY3d 926 ).
Retrieving the full opinion text from the archive…
PEOPLE
v.
JENKINS.
v.
JENKINS.
New York Court of Appeals.
Jan 16, 2009.
Published
Application in criminal cases for leave to appeal denied. (Read, J.).