People v. Alexander, 2017 NY Slip Op 8480 (N.Y. App. Div. 2017). · Go Syfert
People v. Alexander, 2017 NY Slip Op 8480 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: Grosso v. Cy Twombly Found. (nysupctnewyork, 2024-06-02)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Grosso v. Cy Twombly Found.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Holdings Inc. v Barclays Bank PLC, 151 AD3d 108, 114 [1st Dept 2017], Iv denied, 31 NY3d 902 [2018]; Demian v Calmenson, 156 AD3d 422,423 [1st Dept 2017] [fraud and negligent misrepresentation].) Grosso does not and cannot contest the Movants' assertion that its fraud and negligent misrepresentation claims are subject to the greater of the six-year limitation or the two-year discovery rule.
cited Cited "see" Nwoye v. Obama
2d Cir. · 2024 · signal: see · confidence high
Universal Acupuncture Pain Servs., P.C. v. Quadrino & Schwartz, P.C., 370 F.3d 259 , 263 (2d Cir. 2004); see Demian v. Calmenson, 156 A.D.3d 422, 423 (App. Div. 2017).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Yvette Alexander, Appellant
5129 1013/12.
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2017.
2017 NY Slip Op 8480
2017 WL 6001684
Richter, Manzanet-Daniels, Andrias, Kern, Singh.
Published

Judgment, Supreme Court, New York County (Bruce Allen, J. at mistrial; Daniel P. FitzGerald, J. at plea and sentencing), rendered September 22, 2014, convicting defendant of aggravated harassment in the second degree, and sentencing her to a conditional discharge, unanimously affirmed.

The court providently exercised its discretion when, after accepting a partial verdict acquitting defendant of another charge, it declared a mistrial as to the remaining charge based on an implied finding of manifest necessity. In this brief trial, the jury sent out notes indicating it was deadlocked on the count at issue, before and after the court delivered an Allen charge in accordance with defendant’s wishes (see Matter of Rivera v Firetog, 11 NY3d 501 [2008], cert denied 556 US 1193 [2009]; People v Baptiste, 72 NY2d 356 [1988]; Matter of Plummer v Rothwax, 63 NY2d 243 [1984]). The court sufficiently inquired into the jury’s inability to reach a verdict, and it properly considered but rejected alternatives to a mistrial.

We have considered and rejected defendant’s remaining arguments.

Concur—Richter, J.P., Manzanet-Daniels, Andrias, Kern and Singh, JJ.