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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. 8 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Rafferty
“The essential elements of the crime of offering a false instrument for filing in the first degree . . . are (1) knowledge that a written instrument contains a false statement or false information, (2) intent to defraud the State or any political subdivision thereof, and (3) offering or presenting such instrument to a public office or public servant with the knowledge or belief that it will be filed” (People v Asar, 136 AD2d 712, 713 [2d Dept 1988]; see People v Hure, 16 AD3d 774, 775 [3d Dept 2005], lv denied 4 NY3d 854 [2005]).
discussed
Cited "see"
People v. Gunn
There is no indication in the record that defendant was “incapable of understanding the proceedings against him” (id.; see People v Keebler, 15 AD3d 724, 726 [2005], lv denied 4 NY3d 854 [2005]), and it therefore cannot be said that defense counsel’s failure to request a competency hearing constituted ineffective assistance of counsel (see Keebler, 15 AD3d at 726-727 ; People v Comfort, 278 AD2d 872, 873-874 [2000]).
discussed
Cited "see, e.g."
People v. Decker
Altogether, viewing the evidence in a neutral light and deferring to the jury's credibility assessments, the verdict as to these convictions is not against the weight of the evidence ( see Penal Law § 175.35 [1]; People v Mazzeo , 202 AD3d 1279, 1283 [3d Dept 2022], lv denied 38 NY3d 1072 [2022]; see also People v Hure , 16 AD3d 774, 775-776 [3d Dept 2005], lv denied 4 NY3d 854 [2005]). [FN5] Based upon our determination, defendant's challenge to the testimony presented to the grand jury is precluded inasmuch as the verdict is not against the weight of the evidence, "which establishes that [t…
discussed
Cited "see, e.g."
People v. Ortiz
At the arraignment, the attorney stated that defendant was the source of the information, and the attorney was clearly acting as defendant’s authorized agent when she provided this information to the arraignment court for her client’s benefit (see People v Moye, 11 AD3d 212 [1st Dept 2004], lv denied 4 NY3d 766 [2005]; see also People v Kallamni, 14 AD3d 316 [1st Dept 2005], lv denied 4 NY3d 854 [2005]), notwithstanding her assertion at trial that she had inaccurately conveyed her client’s version of the incident.
discussed
Cited "see, e.g."
People v. Ortiz
At the arraignment, the attorney stated that defendant was the source of the information, and the attorney was clearly acting as defendant’s authorized agent when she provided this information to the arraignment court for her client’s benefit (see People v Moye, 11 AD3d 212 [1st Dept 2004], lv denied 4 NY3d 766 [2005]; see also People v Kallamni, 14 AD3d 316 [1st Dept 2005], lv denied 4 NY3d 854 [2005]), notwithstanding her assertion at trial that she had inaccurately conveyed her client’s version of the incident.
discussed
Cited "see, e.g."
WINEBRENNER, CYRIL, PEOPLE v
Before addressing the merits of defendant’s contention, we note “that the issue of competency to stand trial may be raised on appeal despite the absence of any objection to the . . . court’s failure to cause the defendant to be examined” (People v Armlin, 37 NY2d 167, 172 ; see People v Bennefield, 306 AD2d 911, 912 ; People v Moore, 203 AD2d 900, 900 , lv denied 84 NY2d 830 ; People v Meurer, 184 AD2d 1067, 1068 , lv dismissed 80 NY2d 835 , lv denied 80 NY2d 907 ; see also People v Keebler, 15 AD3d 724, 726 , lv denied 4 NY3d 854 ; People v Frazier, 114 AD2d 1038, 1039 , lv denied 67 …
discussed
Cited "see, e.g."
People v. Winebrenner
Before addressing the merits of defendant’s contention, we note “that the issue of competency to stand trial may be raised on appeal despite the absence of any objection to the . . . court’s failure to cause the defendant to be examined” (People v Armlin, 37 NY2d 167, 172 [1975]; see People v Bennefield, 306 AD2d 911, 912 [2003]; People v Moore, 203 AD2d 900, 900 [1994], lv denied 84 NY2d 830 [1994]; People v Meurer, 184 AD2d 1067, 1068 [1992], lv dismissed 80 NY2d 835 [1992], lv denied 80 NY2d 907 [1992]; see also People v Keebler, 15 AD3d 724, 726 [2005], lv denied 4 NY3d 854 [2005];…
discussed
Cited "see, e.g."
People v. Winebrenner
Before addressing the merits of defendant’s contention, we note “that the issue of competency to stand trial may be raised on appeal despite the absence of any objection to the . . . court’s failure to cause the defendant to be examined” (People v Armlin, 37 NY2d 167, 172 [1975]; see People v Bennefield, 306 AD2d 911, 912 [2003]; People v Moore, 203 AD2d 900, 900 [1994], lv denied 84 NY2d 830 [1994]; People v Meurer, 184 AD2d 1067, 1068 [1992], lv dismissed 80 NY2d 835 [1992], lv denied 80 NY2d 907 [1992]; see also People v Keebler, 15 AD3d 724, 726 [2005], lv denied 4 NY3d 854 [2005];…
Retrieving the full opinion text from the archive…
PEOPLE
v.
LEWIS
v.
LEWIS
New York Court of Appeals.
Apr 6, 2005.
Published
Application in criminal case for leave to appeal denied. (Read, J.).