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Treatment trajectory · 2010 → 2026 · click a year to view as-of
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Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Dunham
Physical helplessness is present when "a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act" (Penal Law § 130.00 [7]; see People v Battease , 74 AD3d 1571, 1573 [2010], lv denied 15 NY3d 849 [2010]).
discussed
Cited "see"
People v. Toye
As to the balance of defendant’s claim, a defendant will be deemed to have received the effective assistance of counsel “[s]o long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v Bahr, 96 AD3d at 1166 [internal quotation marks and citations omitted]; accord People v Battease, 74 AD3d 1571, 1575 [2010], Iv denied 15 NY3d 849 [2010]).
discussed
Cited "see"
People v. Toye
As to the balance of defendant’s claim, a defendant will be deemed to have received the effective assistance of counsel “[s]o long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v Bahr, 96 AD3d at 1166 [internal quotation marks and citations omitted]; accord People v Battease, 74 AD3d 1571, 1575 [2010], Iv denied 15 NY3d 849 [2010]).
discussed
Cited "see"
People v. Young
Even if counsel’s representation was less than perfect, “ ‘the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation’ ” (People v Henry, 95 NY2d 563, 565 [2000], quoting People v Baldi, 54 NY2d 137, 147 [1981]; see People v Battease, 74 AD3d 1571, 1575-1576 [2010], Iv denied 15 NY3d 849 [2010]).
discussed
Cited "see"
People v. Shepherd
Accordingly, this Court “must, like the trier of fact below, weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony” (People v Romero, 7 NY3d 633, 643 [2006] [internal quotation marks and citations omitted]; accord People v Battease, 74 AD3d 1571, 1575 [2010], lv denied 15 NY3d 849 [2010]).
discussed
Cited "see"
People v. Molina
A weight of the evidence review is “a two-step approach that requires courts to first determine whether, based on all the credible evidence, a different finding would not have been unreasonable, and, if that step is satisfied, then the appellate court must, like the trier of fact below, weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony” (People v Sanchez, 75 AD3d 911, 913 [2010] [internal quotation marks and citations omitted]; see People v Battease, 74 AD3d 1571, 1575 [2010], lv denied 15 NY…
Retrieving the full opinion text from the archive…
PEOPLE
v.
ABRAHAM.
v.
ABRAHAM.
New York Court of Appeals.
Sep 27, 2010.
Published
Application in criminal case for leave to appeal dismissed. (Jones, J.).