green
Positive treatment
4.8 score
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006
2016
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Warren
We note in addition that the court’s charge clarified the date on which the incident in question occurred, and thus “there was no danger that the jury convicted defendant of an unindicted act or that different jurors convicted defendant based on different acts” (People v Whitfield, 255 AD2d 924, 924 [1998], lv denied 93 NY2d 981 [1999]; see People v Caballero, 23 AD3d 1031 , 1032 [2005], lv denied 6 NY3d 846 [2006]).
discussed
Cited "see"
People v. Warren
We note in addition that the court’s charge clarified the date on which the incident in question occurred, and thus “there was no danger that the jury convicted defendant of an unindicted act or that different jurors convicted defendant based on different acts” (People v Whitfield, 255 AD2d 924, 924 [1998], lv denied 93 NY2d 981 [1999]; see People v Caballero, 23 AD3d 1031 , 1032 [2005], lv denied 6 NY3d 846 [2006]).
discussed
Cited "see"
WARREN, CHESTER W., PEOPLE v
We note in addition that the court’s charge clarified the date on which the incident in question occurred, and thus “there was no danger that the jury convicted defendant of an unindicted act or that different jurors convicted defendant based on different acts” (People v Whitfield, 255 AD2d 924, 924 , lv denied 93 NY2d 981 ; see People v Caballero, 23 AD3d 1031, 1032 , lv denied 6 NY3d 846 ).
discussed
Cited "see"
People v. Shaw
Upon our review of the transcript of the suppression hearing, we conclude that “[t]he People met ‘their initial burden of establishing the legality of the police conduct and defendant’s waiver of rights,’ and defendant failed to establish that he did not waive those rights, or that the waiver was not knowing, voluntary and intelligent” (People v Grady, 6 AD3d 1149, 1150 [2004] , lv denied 3 NY3d 641 [2004]; see People v Caballero, 23 AD3d 1031, 1032 [2005], lv denied 6 NY3d 846 ).
discussed
Cited "see"
People v. Bradford
Although the rape victim testified with respect to more them four incidents involving defendant that may constitute the crime of rape in the third degree, the court’s “charge to the jury eliminated any ‘danger that the jury convicted defendant of an unindicted act’ ” (People v Gerstner, 270 AD2d 837, 838 [2000]; see People v Caballero, 23 AD3d 1031 , 1032 [2005], lv denied 6 NY3d 846 [2006]; cf. People v McNab, 167 AD2d 858 [1990]).
discussed
Cited "see"
People v. Wise
Although the testimony of the victim concerned more than four incidents involving defendant that may constitute the crime of sexual abuse in the first degree, County Court’s “charge to the jury eliminated any ‘danger that the jury convicted defendant of an unindicted act or that different jurors convicted defendant based on different acts’ ” (People v Gerstner, 270 AD2d 837, 838 [2000]; see People v Caballero, 23 AD3d 1031 , 1032 [2005], lv denied 6 NY3d 846 [2006]; see generally People v Mathis, 8 AD3d 966, 967-968 [2004], lv denied 3 NY3d 709 [2004]).
discussed
Cited "see, e.g."
People v. Kopp
Accordingly, because defendant was advised “of the potential risks of continuing representation by defense counsel, and defendant [nonetheless] chose to have defense counsel continue to represent him[,] ... it cannot be said that defendant was denied effective assistance of counsel” (People v Smith, 306 AD2d 858, 860 [2003], lv denied 100 NY2d 587 [2003]; see also People v Brown, 26 AD3d 754 [2006], lv denied 6 NY3d 846 [2006]; People v Walker, 2 AD3d 1358, 1359 [2003], lv denied 3 NY3d 650 [2004]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
CHIN.
v.
CHIN.
New York Court of Appeals.
Apr 19, 2006.
Published
Application in criminal cases for leave to appeal denied. (Ciparick, J.).