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Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Hollenbeck
Further, “[w]hether to permit a defendant to withdraw his or her plea of guilty is left to the sound discretion of County Court, and withdrawal will generally not be permitted absent some evidence of innocence, fraud or mistake in its inducement” (People v Decker, 139 AD3d 1113, 1116 [2016] [internal quotation marks and citation omitted], lv denied 28 NY3d 928 *976 [2016]).
discussed
Cited "see"
People v. Morris
In this case, we conclude that "there was no such showing" ( Bradberry , 131 AD3d at 802; cf. Thomas , 22 NY3d at 645 ; see generally People v Clark , 139 AD3d 1368, 1369 [4th Dept 2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see"
People v. Owens
The People established that the showup procedure was conducted in "geographic and temporal proximity to the crime" ( People v Ortiz , 90 NY2d 533, 537 [1997]; see People v Dangerfield , 140 AD3d 1626 , 1627 [4th Dept 2016], lv denied 28 NY3d 928 [2016]), and the fact that the first victim viewed defendant after he got out of a patrol car did not render the procedure unduly suggestive ( see People v Wilson , 104 AD3d 1231, 1232 [4th Dept 2013], lv denied 21 NY3d 1011 [2013], reconsideration denied 21 NY3d 1078 [2013]).
discussed
Cited "see"
People v. Rogers
This evidence was sufficient to establish the amount of the loss on a prima facie basis, shifting the burden of going forward to defendant "to offer evidence contradicting the People's calculation" ( People v Tzitzikalakis , 8 NY3d 217 , 221 n 2 [2007]; accord People v Decker , 139 AD3d 1113, 1118 [2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see"
CASE, ROBERT G., PEOPLE v
Finally, with respect to defendant’s contention that his statements were involuntary because he was questioned over a two-hour period, it is axiomatic that the length of the interrogation period “does not, by itself, render the statement[s] involuntary” (People v Weeks, 15 AD3d 845, 847 , lv denied 4 NY3d 892 ; see People v Clark, 139 AD3d 1368, 1369 , lv denied 28 NY3d 928 ).
discussed
Cited "see"
People v. Case
Finally, with respect to defendant’s contention that his statements were involuntary because he was questioned over a two-hour period, it is axiomatic that the length of the interrogation period “does not, by itself, render the statement[s] involuntary” (People v Weeks, 15 AD3d 845, 847 [2005], lv denied 4 NY3d 892 [2005]; see People v Clark, 139 AD3d 1368, 1369 [2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see"
People v. Deitz
“The voluntariness of a confession is to be determined by examining the totality of the circumstances surrounding the confession” (People v Coggins, 234 AD2d 469, 470 [1996]; see People v Clark, 139 AD3d 1368, 1369 [2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see"
DEITZ, MICHAEL, PEOPLE v
“The voluntariness of a confession is to be determined by examining the totality of the circumstances surrounding the confession” (People v Coggins, 234 AD2d 469, 470 ; see People v Clark, 139 AD3d 1368, 1369 , lv denied 28 NY3d 928 ).
discussed
Cited "see"
People v. Deitz
“The voluntariness of a confession is to be determined by examining the totality of the circumstances surrounding the confession” (People v Coggins, 234 AD2d 469, 470 [1996]; see People v Clark, 139 AD3d 1368, 1369 [2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see, e.g."
People v. Andino
(2×)
A search warrant limited to a single dwelling apartment is sufficiently particular on its face ( see People v Gramson , 50 AD3d 294 [1st Dept 2008], lv denied 11 NY3d 832 [2008]; see also People v Duval , 36 NY3d 384 , 391 [2021]), and "there is no merit to defendant's argument that the warrant was required to specify the part of the [apartment] to be searched" ( People v Danclair , 139 AD3d 541, 541 [1st Dept 2016], lv denied 28 NY3d 928 [2016]).
discussed
Cited "see, e.g."
People v. Spencer
There was no proof presented during the trial that defendant ever personally possessed one of the handguns or in any way encouraged 2 or intentionally aided Anderson or Bost in their possession of the handguns (see People v Skinner, 190 AD2d 761, 761-762 [1993]; People v Rayside, 187 AD2d 680, 681 [1992], lv denied 81 NY2d 845 [1993]; compare People v Gangar, 79 AD3d 1262, 1263 [2010], lv denied 16 NY3d 831 [2011]). 3 Accordingly, as “there was no evidence that . . . defendant solicited, requested, commanded, importuned, or intentionally aided another individual to possess the firearm” (Pe…
Retrieving the full opinion text from the archive…
People
v.
Carpenter
v.
Carpenter
Published
2d Dept: 138 AD3d 1130 (Queens)
denied 8/15/16 (Fahey, J.)