G Cite
Top citers, strongest first. 7 distinct citers.
How cited ↗
examined
Cited as authority (rule)
People v. Szurgot
(3×)
To the extent that defendant's contention is preserved for our review ( see generally People v Charleston , 56 NY2d 886, 887 [1982]), although the court made certain improper interventions and remarks "that would better have been left unsaid," we conclude upon our review of the record as a whole that "the jury was not prevented from arriving at an impartial judgment on the merits" ( People v Moulton , 43 NY2d 944, 946 [1978]; see People v Nivelo , 222 AD3d 779, 780 [2d Dept 2023], lv denied 41 NY3d 984 [2024]; People v Tetro , 181 AD3d 1286, 1287 [4th Dept 2020], lv denied 35 NY3d 1070 [2020])…
discussed
Cited as authority (rule)
People v. Wilkins
Counsel who represented defendant during pretrial proceedings was not ineffective based upon his contentious exchanges with County Court (Williams, J.), as there is no indication that his remarks had any adverse effect on the representation or resulted in unfavorable rulings or unfair treatment by the court ( see People v Glynn , 21 NY3d 614, 619-620 [2013]; People v Tetro , 181 AD3d 1286, 1287 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]).
discussed
Cited as authority (rule)
People v. Lewis
We reject defendant's contention that County Court, in determining the sentence to be imposed, penalized her for asserting her right to a trial. "[T]he mere fact that a sentence imposed after trial is greater than that offered in connection with plea negotiations is not proof that [the] defendant was punished for asserting his [or her] right to trial" ( People v Tetro , 181 AD3d 1286, 1290 [4th Dept 2020], lv denied 35 NY3d 1070 [2020] [internal quotation marks omitted]) and, here, "there is no indication in the record before us that the sentencing court acted in a vindictive manner based on d…
discussed
Cited as authority (rule)
People v. Gilmore
In any event, it is without merit. "[T]he mere fact that a sentence imposed after trial is greater than that offered in connection with plea negotiations is not proof that [the] defendant was punished for asserting his [or her] right to trial" ( People v Tetro , 181 AD3d 1286, 1290 [4th Dept 2020], lv denied 35 NY3d 1070 [2020] [internal quotation marks omitted]), and here we conclude that "there is no indication in the record before us that [County Court] acted in a vindictive manner based on defendant's exercise of the right to a trial" ( id. [internal quotation marks omitted]).
cited
Cited as authority (rule)
People v. Gorton
Defendant's contention that he was punished for exercising his right to trial is unpreserved ( see People v Tetro , 181 AD3d 1286, 1290 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]).
cited
Cited as authority (rule)
People v. Wilcox
Defendant's contention that he was punished for exercising his right to trial is unpreserved ( see People v Tetro , 181 AD3d 1286, 1290 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]).
discussed
Cited "see"
People v. Honeycutt
"The imposition of a more severe sentence after trial than that offered to defendant pursuant to a plea offer that he rejected, without more, does not support the contention of defendant that he was penalized for exercising his right to go to trial" ( People v Taplin , 1 AD3d [*2]1044, 1046 [4th Dept 2003], lv denied 1 NY3d 635 [2004] [internal quotation marks omitted]; see People v Tetro , 181 AD3d 1286, 1290 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]).
Retrieving the full opinion text from the archive…
Matter of Alivia W.
CAF 19-00562.
Appellate Division of the Supreme Court of the State of New York.
Mar 13, 2020.
Published
Matter of Alivia W. (2020 NY Slip Op 01856)
Decided on March 13, 2020
PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND DEJOSEPH, JJ. (Filed Mar. 13, 2020.)
CAF 19-00562
Order unanimously affirmed. Counsel's motion to be relieved of assignment granted. (Appeal from Order of Family Court, Monroe County, Joan S. Kohout, J.
| Matter of Alivia W. |
| 2020 NY Slip Op 01856 |
| Decided on March 13, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 13, 2020
PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND DEJOSEPH, JJ. (Filed Mar. 13, 2020.)
CAF 19-00562
[*1]IN THE MATTER OF ALIVIA W., RESPONDENT-APPELLANT — MONROE COUNTY PRESENTMENT AGENCY, PETITIONER-RESPONDENT.
Order unanimously affirmed. Counsel's motion to be relieved of assignment granted. (Appeal from Order of Family Court, Monroe County, Joan S. Kohout, J.
MEMORANDUM AND ORDER
Juvenile Delinquent).