People v. Gee, 28 N.Y.3d 930 (N.Y. 2016). · Go Syfert
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People v. Gee, 28 N.Y.3d 930 (N.Y. 2016). Cases Citing This Book View Copy Cite
56 citation events (56 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Williams (nyappdiv, 2021-10-01)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited "see" People v. Williams
N.Y. App. Div. · 2021 · signal: see · confidence high
The court's statement requiring defendant to accept or reject the plea offer within a short time period "does not amount to coercion" ( People v Carr , 147 AD3d 1506 , 1507 [4th Dept 2017], lv denied 29 NY3d 1030 [2017] [internal quotation marks omitted]; see People v Green , 140 AD3d 1660 , 1661 [4th Dept 2016], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Taylor
N.Y. App. Div. · 2021 · signal: see · confidence high
The court's statement "that defendant was required to accept or reject the plea offer within a short time period does not amount to coercion" ( People v Carr , 147 AD3d 1506 , 1507 [4th Dept 2017], lv denied 29 NY3d 1030 [2017] [internal quotation marks omitted]; see People v Green , 140 AD3d 1660, 1661 [4th Dept 2016], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Heimroth
N.Y. App. Div. · 2020 · signal: see · confidence high
"A Brady violation occurs when the People fail to timely disclose all exculpatory and material evidence, including evidence that could be used to challenge the credibility of a crucial prosecution witness" ( People v Johnson , 107 AD3d 1161, 1164 [2013] [internal quotation marks and citations omitted], lv denied 21 NY3d 1075 [2013]; see People v Hagaman , 139 AD3d 1183, 1185 [2016], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Schmidinger
N.Y. App. Div. · 2019 · signal: see · confidence high
Defendant correctly argues in his main brief that his waiver of the right to appeal is invalid because he pleaded guilty to the sole count of the indictment " without receiving a sentencing commitment or any other consideration' " (People v Mitchell, 147 AD3d 1361, 1362 [4th Dept 2017]; see People v Gramza, 140 AD3d 1643 , 1643-1644 [4th Dept 2016], lv denied 28 NY3d 930 [2016]; People v Collins, 129 AD3d 1676, 1676 [4th Dept 2015], lv denied 26 NY3d 1038 [2015]).
discussed Cited "see" People v. Jemmott
N.Y. App. Div. · 2018 · signal: see · confidence high
Criminal possession may be established through either actual possession or constructive possession, with the latter requiring proof that the defendant "exercised dominion and control over the contraband or the area where the contraband was found" ( People v Perry , 116 AD3d 1253, 1254 [2014] [internal quotation marks and citations omitted]; see People v Graham , 138 AD3d 1242, 1242 [2016], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Yedinak
N.Y. App. Div. · 2018 · signal: see · confidence high
To find that a [*2]jury verdict is supported by legally sufficient evidence, we must determine "whether there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury . . . and as a matter of law satisfy the proof and burden requirements for every element of the crime charged" ( People v Bleakley , 69 NY2d 490, 495 [1987] [internal citation omitted]; see People v Graham , 138 AD3d 1242, 1242 [2016], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Travis
N.Y. App. Div. · 2017 · signal: see · confidence high
We reject that contention, and we conclude that the “[c]ourt’s plea colloquy, together with the written waiver of the right to appeal, adequately apprised defendant that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty,” and that the valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (People v Braxton, 129 AD3d 1674 , 1675 [4th Dept 2015], lv denied 26 NY3d 965 [2015] [internal quotation marks omitted]; see People v Graham, 140 AD3d 1686 , 1687 [4th Dept 2016], lv denied 28 NY3d 930 [20…
discussed Cited "see" People v. Cole
N.Y. App. Div. · 2017 · signal: see · confidence high
Underlying this exception is the assumption that a person under the influence of the excitement precipitated by an external startling event will lack the reflective capacity essential for fabrication and, accordingly, any utterance he [or she] makes will be spontaneous and trustworthy” (People v Johnson, 1 NY3d 302, 306 [2003] [internal quotation marks and citation omitted]; see People v Hibbert, 134 AD3d 957, 957 [2015], lv denied 28 NY3d 930 [2016]).
discussed Cited "see" People v. Cherry
N.Y. App. Div. · 2017 · signal: accord · confidence high
As relevant here, “Constructive possession can be demonstrated where there is evidence — either direct or circumstantial — that [the] defendant exercised dominion and control over the weapon or the area in which it was found” (People v Butler, 126 AD3d 1122, 1123 [2015] [internal quotation marks and citation omitted], lv denied 25 NY3d 1199 [2015]; accord People v Graham, 138 AD3d 1242, 1242 [2016], lv denied 28 NY3d 930 [2016]; People v Oliver, 135 AD3d 1188, 1190 [2016], lv denied 27 NY3d 1003 [2016]).
discussed Cited "see" People v. Cherry
N.Y. App. Div. · 2017 · signal: accord · confidence high
As relevant here, “Constructive possession can be demonstrated where there is evidence — either direct or circumstantial — that [the] defendant exercised dominion and control over the weapon or the area in which it was found” (People v Butler, 126 AD3d 1122, 1123 [2015] [internal quotation marks and citation omitted], lv denied 25 NY3d 1199 [2015]; accord People v Graham, 138 AD3d 1242, 1242 [2016], lv denied 28 NY3d 930 [2016]; People v Oliver, 135 AD3d 1188, 1190 [2016], lv denied 27 NY3d 1003 [2016]).
discussed Cited "see" People v. Garrow
N.Y. App. Div. · 2017 · signal: see · confidence high
Further, when “viewed in totality and as of the time of the representation,” defendant received meaningful representation, as counsel filed comprehensive pretrial motions and negotiated a favorable plea bargain (People v Baldi, 54 NY2d 137, 147 [1981]; see People v Harris, 139 AD3d 1244, 1246-1247 [2016], lv denied 28 NY3d 930 [2016]; People v Shurock, 83 AD3d 1342, 1344 [2011]; People v Delayo, 52 AD3d at 1116 ).
discussed Cited "see, e.g." People v. Morrow
N.Y. App. Div. · 2018 · signal: see also · confidence low
Therefore, those documents must be amended to reflect that defendant was convicted under Penal Law § 215.40 (2) ( see People v Gathers , 106 AD3d 1333 , 1334 [3d Dept 2013], lv denied 21 NY3d 1073 [2013]; see also People v Green , 132 AD3d 1268 , 1269 [4th Dept 2015], lv denied 27 NY3d 1069 [2016], reconsideration denied 28 NY3d 930 [2016]).
discussed Cited "see, e.g." People v. Busreth
N.Y. App. Div. · 2018 · signal: see also · confidence low
Although not precluded by his uncontested waiver of the right to appeal, this claim is unpreserved as the record does not disclose that defendant made an appropriate postallocution motion ( see People v Norton , 164 AD3d 1502 , 1503 [2018]; People v White , 164 AD3d 959 , 959 [2018]; see also People v Harris , 139 AD3d 1244, 1245-1246 [2016], lv denied 28 NY3d 930 [2016]).
People
v.
Gee
New York Court of Appeals.
Aug 31, 2016.
28 N.Y.3d 930
Published

App Div, 4th Dept, 6/6/16 (Monroe)

dismissed 8/10/16 (DiFiore, Ch. J.)