green
Positive treatment
Trending · 102 recent citers
5.9 score
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. Funk
We similarly reject defendant's contention that defense counsel was ineffective for failing to request that the court charge the jury with the lesser included offense of obstructing governmental administration in the second degree inasmuch as "there is no reasonable view of the evidence to support a finding that defendant committed obstructing governmental administration in the second degree but not assault in the second degree" ( People v Acevedo , 118 AD3d 1103 , 1107 [3d Dept 2014], lv denied 26 NY3d 925 [2015]; see generally People v Calderon , 66 AD3d 314 , 320 [1st Dept 2009], lv denied …
discussed
Cited "see"
MORRIS, DARRON S., PEOPLE v
“Considering the evidence before [the c]ourt regarding defendant’s competence, we conclude that the court did not abuse its discretion in failing, on its own, to order a hearing” (Tortorici, 92 NY2d at 766 ; see People v Carrion, 65 AD3d 693, 693-694 , lv denied 13 NY3d 858 ; People v Gaines, 26 AD3d 269, 270 , lv denied 6 NY3d 847 ).
discussed
Cited "see"
People v. Morris
“Considering the evidence before [the] [e]ourt regarding defendant’s competence, we conclude that the court did not abuse its discretion in failing, on its own, to order a hearing” (Tortorici, 92 NY2d at 766 ; see People v Carrion, 65 AD3d 693, 693-694 [2009], lv denied 13 NY3d 858 [2009]; People v Gaines, 26 AD3d 269, 270 [2006], lv denied 6 NY3d 847 [2006]).
discussed
Cited "see"
People v. Morris
“Considering the evidence before [the] [e]ourt regarding defendant’s competence, we conclude that the court did not abuse its discretion in failing, on its own, to order a hearing” (Tortorici, 92 NY2d at 766 ; see People v Carrion, 65 AD3d 693, 693-694 [2009], lv denied 13 NY3d 858 [2009]; People v Gaines, 26 AD3d 269, 270 [2006], lv denied 6 NY3d 847 [2006]).
discussed
Cited "see"
People v. Straight
“An agreed-upon sentence may be enhanced if it is appropriately established that the defendant has violated the conditions of the plea agreement” (People v Davis, 30 AD3d 893, 894 [2006], lv denied 7 NY3d 847 [2006] [citations omitted]; accord People v Bove, 64 AD3d 812, 812-813 [2009], lv denied 13 NY3d 858 [2009]; see People v McDermott, 68 AD3d 1453, 1453 [2009]).
discussed
Cited "see"
People v. Straight
“An agreed-upon sentence may be enhanced if it is appropriately established that the defendant has violated the conditions of the plea agreement” (People v Davis, 30 AD3d 893, 894 [2006], lv denied 7 NY3d 847 [2006] [citations omitted]; accord People v Bove, 64 AD3d 812, 812-813 [2009], lv denied 13 NY3d 858 [2009]; see People v McDermott, 68 AD3d 1453, 1453 [2009]).
discussed
Cited "see, e.g."
People v. Marcantonio
His contention is unpreserved ( see CPL 470.05 [2]; People v Latnie , 180 AD3d 1238, 1243-1244 [3d Dept 2020]; People v Valcarcel , 160 AD3d 1034 , 1037 [3d Dept 2018], lv denied 31 NY3d 1088 [2018]) and, in any event, without merit as the counts required proof of distinct and independent elements ( see People v Gillie , 185 AD3d 1539, 1539, 1541 [4th Dept 2020], lv denied 35 NY3d 1094 [[*4]2020]; People v Ayala , 172 AD3d 1084 , 1084 [2d Dept 2019], lv denied 34 NY3d 949 [2019], cert denied ___ US ___, 141 S Ct 2771 [2021]; compare People v Barnes , 64 AD3d 890, 892-893 [3d Dept 2009], lv den…
discussed
Cited "see, e.g."
People v. Griffin
In any event, “[d]efense counsel was not required to support defendant’s various pro se motions” (People v Blackwell, 129 AD3d 1690, 1691 [2015], lv denied 26 NY3d 926 [2015]; see People v Jones, 261 AD2d 920, 920 [1999], lv denied 93 NY2d 972 [1999]; see also People v Adams, 66 AD3d 1355, 1356 [2009], lv denied 13 NY3d 858 [2009]), and “the failure to make *1231 a particular pretrial motion does not — per se — constitute ineffective assistance of counsel” (People v Alnutt, 107 AD3d 1139 , 1145 [2013], lv denied 22 NY3d 1136 [2014]; see People v Carbone, 101 AD3d 1232, 1235 [2012…
discussed
Cited "see, e.g."
People v. Hoffman
Accordingly, counts 4 and 7 should have been dismissed as multiplicitous of count 1, and counts 5 and 8 must be dismissed as multiplicitous of count 2 (see People v Demetsenare, 243 AD2d 777, 779-780 [1997], lv denied 91 NY2d 833 [1997]; People v Senisi, 196 AD2d 376, 382 [1994]; see also People v Barnes, 64 AD3d 890, 892-893 [2009], lv denied 13 NY3d 858 [2009]l. 1 Next, we turn to the parties’ arguments with regard to the weight and sufficiency of the evidence presented to the jury.
Retrieving the full opinion text from the archive…
PEOPLE
v.
BAYARD.
v.
BAYARD.
New York Court of Appeals.
Nov 20, 2009.
Published
Application in criminal case for leave to appeal granted. (Pigott, J.).