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Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005
2015
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Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Karlsen
“It is axiomatic that the length of the interrogation period ‘does not, by itself, render the statement^] involuntary’ ” (People v Clark, 139 AD3d 1368, 1369 [2016], lv denied 28 NY3d 928 [2016]; see People v Weeks, 15 AD3d 845, 847 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see"
KARLSEN, KARL H., PEOPLE v
“It is axiomatic that the length of the interrogation period ‘does not, by itself, render the statement[s] involuntary’ ” (People v Clark, 139 AD3d 1368, 1369 , lv denied 28 NY3d 928 ; see People v Weeks, 15 AD3d 845, 847 , lv denied 4 NY3d 892 ).
discussed
Cited "see"
People v. Karlsen
“It is axiomatic that the length of the interrogation period ‘does not, by itself, render the statement^] involuntary’ ” (People v Clark, 139 AD3d 1368, 1369 [2016], lv denied 28 NY3d 928 [2016]; see People v Weeks, 15 AD3d 845, 847 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see"
COOPER, JAMES R., PEOPLE v
“In any event, the court’s failure to comply with CPL 320.20 (5) is harmless error inasmuch as defendant was convicted of offenses charged in the indictment, not lesser included offenses” (id.; see People v Wright, 16 AD3d 982, 983 , lv denied 4 NY3d 892 ).
discussed
Cited "see"
People v. Cooper
“In any event, the court’s failure to comply with CPL 320.20 (5) is harmless error inasmuch as defendant was convicted of offenses charged in the indictment, not lesser included offenses” (id.; see People v Wright, 16 AD3d 982, 983 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see"
People v. Cooper
“In any event, the court’s failure to comply with CPL 320.20 (5) is harmless error inasmuch as defendant was convicted of offenses charged in the indictment, not lesser included offenses” (id.; see People v Wright, 16 AD3d 982, 983 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see"
People v. Lindsey
Before a defendant can proceed pro se, it must be determined, following a “ ‘searching inquiry,’ ” that the defendant has knowingly, voluntarily and intelligently waived the right to counsel (People v Providence, 2 NY3d 579, 580 [2004], quoting People v Arroyo, 98 NY2d 101, 103 [2002]; see People v Whitted, 16 AD3d 905, 907 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see"
People v. Woods
Contrary to defendant’s contention, nothing in the record suggests that the victim was “so unworthy of belief as to be incredible as a matter of law” or otherwise tends to establish defendant’s innocence of those crimes (People v Allen, 13 AD3d 892, 894 [2004], lv denied 4 NY3d 883 [2005] [internal quotation marks omitted]; see People v Wright, 16 AD3d 982, 983 [2005], lv denied 4 NY3d 892 [2005]; People v Smith, 16 AD3d 1033, 1034 [2005]), and thus it cannot be said that the jury failed to give the evidence the weight it should be accorded (see generally Bleakley, 69 NY2d at 495 ).
discussed
Cited "see"
People v. Davis
In any event, we conclude that the prosecutor’s statement at issue was a fair response to defense counsel’s summation (see People v McCauley, 19 AD3d 1130, 1131 [2005]) and, in addition, was “fairly inferrable from the evidence” (People v Ashwal, 39 NY2d 105, 110 [1976]; see People v Williams, 13 AD3d 1173 , 1174 [2004], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see, e.g."
People v. Hernandez
"Any inconsistencies in the victim's testimony were highlighted by defense counsel, and the jury's resolution of credibility issues with respect to the testimony of the victim is entitled to great deference" ( People v DiTucci , 81 AD3d 1249 , 1250 [4th Dept 2011], lv denied 17 NY3d 794 [2011]; see also People v Williams , 17 AD3d 203, 204 [1st Dept 2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see, e.g."
People v. Hernandez
"Any inconsistencies in the victim's testimony were highlighted by defense counsel, and the jury's resolution of credibility issues with respect to the testimony of the victim is entitled to great deference" ( People v DiTucci , 81 AD3d 1249 , 1250 [4th Dept 2011], lv denied 17 NY3d 794 [2011]; see also People v Williams , 17 AD3d 203, 204 [1st Dept 2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see, e.g."
People v. Alnutt
Defendant did not waive the privilege by submitting the leases to his insurer, as this revealed only that the leases existed, but not the substance of the challenged communication (see Matter of Vanderbilt [Rosner — Hickey], 57 NY2d 66, 74 [1982]; compare People v Weeks, 15 AD3d 845, 846 [2005], lv denied 4 NY3d 892 [2005]).
discussed
Cited "see, e.g."
People v. Alnutt
Defendant did not waive the privilege by submitting the leases to his insurer, as this revealed only that the leases existed, but not the substance of the challenged communication (see Matter of Vanderbilt [Rosner — Hickey], 57 NY2d 66, 74 [1982]; compare People v Weeks, 15 AD3d 845, 846 [2005], lv denied 4 NY3d 892 [2005]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
WEST
v.
WEST
New York Court of Appeals.
May 27, 2005.
Published
Application in criminal case for leave to appeal denied. (Graffeo, J.).