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Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006
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Top citers, strongest first. 7 distinct citers.
How cited ↗
cited
Cited "see"
Varela v. Marshall
See People v. Varela, 6 N.Y.3d 781 , 811 N.Y.S.2d 349 , 844 N.E.2d 804 , 804 (2006).
discussed
Cited "see, e.g."
People v. White
(2×)
People v. Taylor , 211 AD2d 603, 603 , 621 N.Y.S.2d 877 (1st Dept. 1995), lv. den ., 85 NY2d 981 , 629 N.Y.S.2d 741 , 653 N.E.2d 637 [1995]; see also, People v. Woodard , 23 AD3d 771, 772 , 803 N.Y.S.2d 776 (3d Dept.2005) (where the defendant's affidavit, "the sole proof submitted in support of his motion, contained only conclusory generic allegations," the trial court properly denied the motion without a hearing), lv. den., 6 NY3d 782 , 811 N.Y.S.2d 349 , 844 N.E.2d 804 (2006); People v. Sayles, 17 AD3d 924 , 794 N.Y.S.2d 160 (3d Dept.2005) (trial court properly denied motion without a hearin…
discussed
Cited "see, e.g."
People v. White
(2×)
People v. Taylor , 211 AD2d 603, 603 , 621 N.Y.S.2d 877 (1st Dept. 1995), lv. den ., 85 NY2d 981 , 629 N.Y.S.2d 741 , 653 N.E.2d 637 [1995]; see also, People v. Woodard , 23 AD3d 771, 772 , 803 N.Y.S.2d 776 (3d Dept.2005) (where the defendant's affidavit, "the sole proof submitted in support of his motion, contained only conclusory generic allegations," the trial court properly denied the motion without a hearing), lv. den., 6 NY3d 782 , 811 N.Y.S.2d 349 , 844 N.E.2d 804 (2006); People v. Sayles, 17 AD3d 924 , 794 N.Y.S.2d 160 (3d Dept.2005) (trial court properly denied motion without a hearin…
discussed
Cited "see, e.g."
People v. White
(2×)
People v. Taylor , 211 AD2d 603, 603 , 621 N.Y.S.2d 877 (1st Dept. 1995), lv. den ., 85 NY2d 981 , 629 N.Y.S.2d 741 , 653 N.E.2d 637 [1995]; see also, People v. Woodard , 23 AD3d 771, 772 , 803 N.Y.S.2d 776 (3d Dept.2005) (where the defendant's affidavit, "the sole proof submitted in support of his motion, contained only conclusory generic allegations," the trial court properly denied the motion without a hearing), lv. den., 6 NY3d 782 , 811 N.Y.S.2d 349 , 844 N.E.2d 804 (2006); People v. Sayles, 17 AD3d 924 , 794 N.Y.S.2d 160 (3d Dept.2005) (trial court properly denied motion without a hearin…
discussed
Cited "see, e.g."
People v. Guaman
Here, the defendant’s claim of ineffective assistance of trial counsel was largely based upon unsubstantiated conclusory allegations and, thus, his motion pursuant to CPL 440.10 was properly denied without a hearing (see People v Brown, 56 NY2d at 246-247 ; People v Session, 34 NY2d at 256 ; People v Coleman, 37 AD3d 491 [2007]; People v Broxton, 34 AD3d at 492 ; People v LaPella, 185 AD2d 861, 862 [1992]).” (People v Waymon, 65 AD3d 708, 709 [2d Dept 2009], lv denied 13 NY3d 863 [2009].) Similarly, the First Department has held, where “defendant merely submitted his own affidavit and th…
discussed
Cited "see, e.g."
People v. Kennedy
We find, however, that County Court did not improvidently exercise its discretion in denying defendant’s motion without a hearing, which was supported only by his affidavit reciting the chronology of his case, given the absence of any “sworn allegations” (CPL 440.30 [4] [b]) substantiating his allegations that suppression was warranted or that defense counsel provided inadequate representation, allegations which were otherwise unsupported (see CPL 440.30 [4] [d]; see also People v Woodard, 23 AD3d 771 [2005], lv denied 6 NY3d 782 [2006]).
discussed
Cited "see, e.g."
People v. Brown
This justified the officers’ common-law inquiry (see People v Jenkins, 209 AD2d 164 [1994]; see also People v Ward, 22 AD3d 368 [2005], lv denied 6 NY3d 782 [2006]), which ultimately led to the lawful recovery of a revolver.
Retrieving the full opinion text from the archive…
PEOPLE
v.
WOODARD.
v.
WOODARD.
New York Court of Appeals.
Jan 23, 2006.
Published
Application in criminal case for leave to appeal denied. (Rosenblatt, J.).