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Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005
2015
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Cooper
Here, there was no merger of the kidnapping of the victim with the robberies or larcenies relating to the victim inasmuch as the kidnapping "was not a minimal intrusion necessary and integral to another crime, nor was it simultaneous and inseparable from another crime"; rather, it constituted "a crime in itself" ( Gonzalez , 80 NY2d at 153 ; see People v O'Connor , 21 AD3d 1364, 1365 [4th Dept 2005], lv denied 6 NY3d 757 [2005]).
discussed
Cited "see"
People v. Serrano
Moreover, even assuming, arguendo, that the testimony was "not technically of a rebuttal nature," we nevertheless conclude that the court did not abuse its discretion in allowing that testimony pursuant to CPL 260.30 (7) ( Harris , 57 NY2d at 345 ; see People v O'Connor , 21 AD3d 1364, 1366 [4th Dept 2005], lv denied 6 NY3d 757 [2005]).
discussed
Cited "see"
People v. Crosby
"Far from being coercive, defense counsel's advice . . . that the case could not be won," and his realistic explanation to defendant of the benefits of accepting the People's plea offer under the circumstances, "fulfilled defense counsel's duty to warn his client of the risks of going to trial" ( People v Spinks , 227 AD2d 310 , 310 [1st Dept 1996], lv denied 88 NY2d 995 [1996]; see People v Nichols , 21 AD3d 1273, 1274 [4th Dept 2005], lv denied 6 NY3d 757 [2005]).
discussed
Cited "see"
People v. Molski
Defendant's contention that he was denied effective assistance of counsel by counsel's performance during the investigatory phase prior to formal charges being brought against him survives his plea and valid waiver of the right to appeal insofar as defendant contends that "the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [his] attorney['s] allegedly poor performance" ( People v Rausch , 126 AD3d 1535 , 1535 [4th Dept 2015], lv denied 26 NY3d 1149 [2016] [internal quotation marks omitted]; see People v Nichols , 21 …
discussed
Cited "see"
MALDONADO, ANGEL, PEOPLE v
Contrary to defendant’s contention, the People established by a preponderance of the evidence that Supreme Court, Erie County, has geographical jurisdiction (see People v Bigness, 28 AD3d 949, 950 , lv denied 7 NY3d 810 ; see generally People v O’Connor, 21 AD3d 1364, 1365 , lv denied 6 NY3d 757 ).
discussed
Cited "see"
People v. Maldonado
Contrary to defendant’s contention, the People established by a preponderance of the evidence that Supreme Court, Erie County, has geographical jurisdiction (see People v Bigness, 28 AD3d 949, 950 [2006], lv denied 7 NY3d 810 [2006]; see generally People v O’Connor, 21 AD3d 1364, 1365 [2005], lv denied 6 NY3d 757 [2005]).
discussed
Cited "see"
People v. Maldonado
Contrary to defendant’s contention, the People established by a preponderance of the evidence that Supreme Court, Erie County, has geographical jurisdiction (see People v Bigness, 28 AD3d 949, 950 [2006], lv denied 7 NY3d 810 [2006]; see generally People v O’Connor, 21 AD3d 1364, 1365 [2005], lv denied 6 NY3d 757 [2005]).
cited
Cited "see"
Quail v. Farrell
See People *474 v. Quail, 6 N.Y.3d 757 , 810 N.Y.S.2d 425 , 843 N.E.2d 1165 (N.Y.2005).
discussed
Cited "see, e.g."
People v. Allport
The further contention of defendant that he was denied effective assistance of counsel survives his plea and waiver of the right to appeal inasmuch as he contends that the plea was coerced by defense counsel (see People v Peterson, 56 AD3d 1230 [2008]), but that contention is belied by defendant’s statements during the plea colloquy (see People v Farley, 34 AD3d 1229 [2006], lv denied 8 NY3d 880 [2007]; see also People v Nichols, 21 AD3d 1273, 1274 [2005], lv denied 6 NY3d 757 [2005]).
discussed
Cited "see, e.g."
People v. Peterson
Although the contention of defendant that he was denied effective assistance of counsel “survives his guilty plea and his waiver of the right to appeal inasmuch as he contends that his plea was infected by the alleged ineffective assistance” (People v Jennings, 8 AD3d 1067, 1068 [2004], lv denied 3 NY3d 676 [2004]), that contention involves matters outside the record on appeal and thus must be raised by way of a motion pursuant to CPL 440.10 (see id.; see also People v Nichols, 21 AD3d 1273, 1274 [2005], lv denied 6 NY3d 757 [2005]; People v Prince, 5 AD3d 1098, 1098-1999 [2004], lv denied…
discussed
Cited "see, e.g."
People v. Harrison
Defendant’s argument that he is entitled to reduction of his conviction to second-degree possession based on the change in the applicable weight requirement for first-degree possession under pertinent sections of the Drug Law Reform Act (L 2004, ch 738, §§ 21-22) is meritless (People v Quinones, 22 AD3d 218 [2005], lv denied 6 NY3d 817 [2006]; see also People v Nelson, 21 AD3d 861 [2005], lv granted 6 NY3d 757 [2005]).
discussed
Cited "see, e.g."
People v. Zippo
The Rockefeller Drug Law Reform Act was intended to apply only in instances where the criminal conduct was committed on or subsequent to the effective date thereof (see People v Ward, 27 AD3d 776, 778 [2006]; People v Clinton, 22 AD3d 887, 888 [2005]; see also People v Nelson, 21 AD.3d 861, 862 [2005], lv granted 6 NY3d 757 [2005]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
NICHOLS
v.
NICHOLS
New York Court of Appeals.
Dec 28, 2005.
843 N.E.2d 1165
Published
Application in criminal case for leave to appeal denied. (Graffeo, J.).