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Top citers, strongest first. 12 distinct citers.
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discussed
Cited "see"
People v. Harper
Contrary to defendant's contention, "a trial court has no duty, in the absence of a motion to withdraw a guilty plea, to conduct a further inquiry concerning the plea's involuntariness 'based on comments made by [the] defendant during . . . sentencing' " ( Brown , 204 AD3d at 1519; see People v Garcia-Cruz , 138 AD3d 1414 , 1415 [4th Dept 2016], lv denied 28 NY3d 929 [2016]) or based on information in a presentence report ( see People v Wilson , 197 AD3d 1006 , 1007 [4th Dept 2021], lv denied 37 NY3d 1100 [2021]; People v McMillian , 185 AD3d 1420, 1421 [4th Dept 2020], lv denied 35 NY3d 1096 …
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People v. Peterson
In determining whether the evidence supports such a defense, the record must be viewed in the light most favorable to the defendant (see People v Enoksen, 175 AD3d 624 , 625 [2d Dept 2019], Iv. denied 34 NY3d 1016 [2019]; People v LaRoche, 162 AD3d 684 ,685 [2d Dept 2018]; People v Tunit, 149 AD3d at 1111 ; People v Samuels, 12 AD3d at 698), however dismissal of the indictment is warranted only "when the defense is supported by a reasonable view of the evidence" (People v Jimenez, 189 AD3d at 884; see People v Forde, 140 AD3d 1085 , 1087 [2d Dept 2016], Iv. denied 28 NY3d 929 [2016]; People v …
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Cited "see"
People v. Velett
All of these witnesses were thoroughly cross-examined and "any aspect of their testimony that could have been perceived as inconsistent . . . was fully explored and presented to the jury, which was entitled to credit their testimony" ( People v Thiel , 134 AD3d 1237, 1239 [2015], lv denied 27 NY3d 1156 [2016]; see People v Santana , 179 AD3d 1299, 1301 [2020], lv denied 35 NY3d 973 [2020]). "[W]hen we view the evidence in a neutral light and defer to the jury's credibility determinations, we find that the verdict is supported by the weight of the evidence" ( People v Santana , 179 AD3d at 1301…
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Cited "see"
People v. Velett
All of these witnesses were thoroughly cross-examined and "any aspect of their testimony that could have been perceived as inconsistent . . . was fully explored and presented to the jury, which was entitled to credit their testimony" ( People v Thiel , 134 AD3d 1237, 1239 [2015], lv denied 27 NY3d 1156 [2016]; see People v Santana , 179 AD3d 1299, 1301 [2020], lv denied 35 NY3d 973 [2020]). "[W]hen we view the evidence in a neutral light and defer to the jury's credibility determinations, we find that the verdict is supported by the weight of the evidence" ( People v Santana , 179 AD3d at 1301…
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Cited "see"
People v. Hansel
"Thus, viewing the evidence in a neutral light and according deference to the jury's credibility determinations, we find the verdict as to these convictions to be in accord with the weight of the evidence" ( People v Watkins , 180 AD3d at 1230 [citation omitted]; see People v Farnham , 136 AD3d 1215, 1217 [2016], lv denied 28 NY3d 929 [2016]).
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Cited "see"
People v. Howington
We agree with defendant that the waiver of the right to appeal is invalid because “the minimal inquiry made by County Court was insufficient to establish that the court engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Jones, 107 AD3d 1589, 1589 [2013], lv denied 21 NY3d 1075 [2013] [internal quotation marks omitted]; see People v Garcia-Cruz, 138 AD3d 1414, 1414 [2016], lv denied 28 NY3d 929 [2016]; People v Dudden, 138 AD3d 1452, 1453 [2016], lv denied 28 NY3d 929 [2016]).
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Cited "see"
HOWINGTON, TYWAN, PEOPLE v
We agree with defendant that the waiver of the right to appeal is invalid because “the minimal inquiry made by County Court was insufficient to establish that the court engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Jones, 107 AD3d 1589, 1589 , lv denied 21 NY3d 1075 [internal quotation marks omitted]; see People v Garcia-Cruz, 138 AD3d 1414, 1414 , lv denied 28 NY3d 929 ; People v Dudden, 138 AD3d 1452, 1453 , lv denied 28 NY3d 929 ).
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Cited "see"
People v. Howington
We agree with defendant that the waiver of the right to appeal is invalid because “the minimal inquiry made by County Court was insufficient to establish that the court engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Jones, 107 AD3d 1589, 1589 [2013], lv denied 21 NY3d 1075 [2013] [internal quotation marks omitted]; see People v Garcia-Cruz, 138 AD3d 1414, 1414 [2016], lv denied 28 NY3d 929 [2016]; People v Dudden, 138 AD3d 1452, 1453 [2016], lv denied 28 NY3d 929 [2016]).
discussed
Cited "see, e.g."
People v. McMillian
This case does not fall within the narrow exception to the preservation requirement inasmuch as defendant's contention is premised on a possible justification defense to which defendant alluded in statements he made during the preparation of the presentence report ( see People v Pastor , 28 NY3d 1089, 1090-1091 [2016]; see also People v Garcia-Cruz , 138 AD3d 1414, 1414-1415 [4th Dept 2016], lv denied 28 NY3d 929 [2016]).
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Cited "see, e.g."
People v. Cox
The complainant testified that the acts of anal sexual contact occurred “more than once” over the course of a two-hour incident, and, contrary to the People’s contention, such acts did not constitute a continuous offense (see People v Keindl, 68 NY2d 410, 420-421 [1986], rearg denied 69 NY2d 823 [1987]), but rather were separate and distinct offenses (see People v Russell, 116 AD3d 1090 , 1091 [2014]; see also People v Garcia, 141 AD3d 861, 865 [2016], lv denied 28 NY3d 929 [2016]).
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Cited "see, e.g."
COX, DAVID G., PEOPLE v
The complainant testified that the acts of anal sexual contact occurred “more than once” over the course of a two-hour incident, and, contrary to the People’s contention, such acts did not constitute a continuous offense (see People v Keindl, 68 NY2d 410, 420-421 , rearg denied 69 NY2d 823 ), but rather were separate and distinct offenses (see People v Russell, 116 AD3d 1090, 1091 ; see also People v Garcia, 141 AD3d 861, 865 , lv denied 28 NY3d 929 ).
discussed
Cited "see, e.g."
People v. Cox
The complainant testified that the acts of anal sexual contact occurred “more than once” over the course of a two-hour incident, and, contrary to the People’s contention, such acts did not constitute a continuous offense (see People v Keindl, 68 NY2d 410, 420-421 [1986], rearg denied 69 NY2d 823 [1987]), but rather were separate and distinct offenses (see People v Russell, 116 AD3d 1090 , 1091 [2014]; see also People v Garcia, 141 AD3d 861, 865 [2016], lv denied 28 NY3d 929 [2016]).
Retrieving the full opinion text from the archive…
People
v.
Dixon
v.
Dixon
Published
App Div, 2d Dept: 2016 NY Slip Op 74294(U) (Kings)
dismissed 8/25/16 (Stein, J.)