green
Positive treatment
Issue: prompt limiting instructionNY ↗
Issue: state of mind exceptionNY ↗
11.7 score
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. Ballard
That evidence "was 'relevant to provide background information concerning the context and history of defendant's relationship with [the complainant]' " ( People v Wertman , 114 AD3d 1279 , 1280 [4th Dept 2014], lv denied 23 NY3d 969 [2014]; see People v Maxey , 129 AD3d 1664, 1665 [4th Dept 2015], lv denied 27 NY3d 1002 [2015], reconsideration denied 28 NY3d 933 [2016]; cf. People v Leonard , 29 NY3d 1, 7-8 [2017]; see also People v Hu Sin , 217 AD3d 1439, 1439 [4th Dept 2023]), including the reason why the complainant was not to be left alone with defendant as part of an established safety pl…
discussed
Cited "see"
People v. McClendon
"There is no requirement that the People allege or establish what particular crime was intended," to secure a conviction for burglary ( People v James , 114 AD3d 1202 , 1204 [4th Dept 2014], lv denied 22 NY3d 1199 [2014]; see People v Maier , 140 AD3d 1603, 1603 [4th Dept 2016], lv denied 28 NY3d 933 [2016]).
discussed
Cited "see"
People v. Davis
That the defendant allegedly received inaccurate information regarding [the possibility of a conviction at trial and the resulting impact upon] his possible sentence exposure is another factor which must be considered by the court, but it is not, in and of itself, dispositive" ( People v Garcia , 92 NY2d 869 , 870 [1998]; see generally People v Mack , 140 AD3d 791, 792 [2d Dept 2016], lv denied 28 NY3d 933 [2016]; People v Morrison , 78 AD3d 1615, 1616 [4th Dept 2010], lv denied 16 NY3d 834 [2011]).
discussed
Cited "see"
People v. Young
Defense counsel "carefully highlighted on cross-examination that CSAAS was not a diagnostic tool for proving whether sexual abuse had occurred or whether the victims' accounts were truthful . . . and [elicited acknowledgments] that the . . . expert could give no evidence with respect to the ultimate issue of the case, i.e., defendant's guilt," and that children are capable of making false accusations ( People v Mirabella , 187 AD3d 1589, 1590 [4th Dept 2020], lv dismissed 36 NY3d 930 [2020] [internal quotation marks omitted]; see People v Maxey , 129 AD3d 1664, 1665 [4th Dept 2015], lv denied …
discussed
Cited "see"
People v. Case
Here, the victim's testimony concerning uncharged acts that preceded the events charged in the indictment was admissible "to complete the narrative of the events charged in the indictment . . . , [to] provide[ ] necessary background information" ( People v Workman , 56 AD3d 1155 , 1156 [4th Dept 2008], lv denied 12 NY3d 789 [2009] [internal quotation marks omitted]; see People v Griffin , 111 AD3d 1413 , 1414-1415 [4th Dept 2013], lv denied 23 NY3d 1037 [2014]; People v Justice , 99 AD3d 1213 , 1215 [4th Dept 2012], lv denied 20 NY3d 1012 [2013]), and to place "the charged conduct in context" …
discussed
Cited "see"
People v. Bradley
Compliance with a plea bargain is to be tested against an objective reading of the bargain, and not against a defendant's subjective interpretation thereof" ( People v Cataldo , 39 NY2d 578, 580 [1976]; see People v Lorraine , 138 AD3d 1494 , 1495 [4th Dept 2016], lv denied 28 NY3d 933 [2016]; People v Guillory , 81 AD3d 1394, 1395 [4th Dept 2011], lv denied 16 NY3d 895 [2011]).
discussed
Cited "see"
People v. King
Furthermore, "the [*2]jury was entitled to infer [defendant']s intent to commit a crime while unlawfully in the [building] based upon[, inter alia,] his other actions while inside the [building]" ( People v Rivera , 41 AD3d 1237 , 1238 [4th Dept 2007], lv denied 10 NY3d 939 [2008]; see People v Garcia , 17 AD3d 283 , 283 [1st Dept 2005], lv denied 5 NY3d 789 [2005]), "as well as from defendant's actions and assertions when confronted" ( People v Maier , 140 AD3d 1603 , 1603-1604 [4th Dept 2016], lv denied 28 NY3d 933 [2016] [internal quotation marks omitted]; see People v Mercado-Ramos , 161 A…
discussed
Cited "see"
People v. DePerno
In any event, “[t]hat the defendant allegedly received inaccurate information regarding his possible sentence exposure is [a] factor which must be considered by the court, but it is not, in and of itself, disposi-tive” (People v Garcia, 92 NY2d 869, 870 [1998]; see People v Mack, 140 AD3d 791, 792 [2016], lv denied 28 NY3d 933 [2016]).
discussed
Cited "see"
People v. DePerno
In any event, “[t]hat the defendant allegedly received inaccurate information regarding his possible sentence exposure is [a] factor which must be considered by the court, but it is not, in and of itself, disposi-tive” (People v Garcia, 92 NY2d 869, 870 [1998]; see People v Mack, 140 AD3d 791, 792 [2016], lv denied 28 NY3d 933 [2016]).
discussed
Cited "see"
People v. Redfield
Such evidence was relevant to establish the nature of the relationship between defendant and the victim and to place “the charged conduct in context” (People v Leeson, 12 NY3d 823, 827 [2009]; see People v Maxey, 129 AD3d 1664, 1665 [2015], lv denied 27 NY3d 1002 [2016], reconsideration denied 28 NY3d 933 [2016]; People v Young, 99 AD2d 373, 375 [1984]; see also People v Denson, 26 NY3d 179, 186-188 [2015]).
discussed
Cited "see"
REDFIELD, TERRENCE, PEOPLE v
Such evidence was relevant to establish the nature of the relationship between defendant and the victim and to place “the charged conduct in context” (People v Leeson, 12 NY3d 823, 827 ; see People v Maxey, 129 AD3d 1664, 1665 , lv denied 27 NY3d 1002 , reconsideration denied 28 NY3d 933 ; People v Young, 99 AD2d 373, 375 ; see also People v Denson, 26 NY3d 179, 186-188 ).
discussed
Cited "see"
People v. Redfield
Such evidence was relevant to establish the nature of the relationship between defendant and the victim and to place “the charged conduct in context” (People v Leeson, 12 NY3d 823, 827 [2009]; see People v Maxey, 129 AD3d 1664, 1665 [2015], lv denied 27 NY3d 1002 [2016], reconsideration denied 28 NY3d 933 [2016]; People v Young, 99 AD2d 373, 375 [1984]; see also People v Denson, 26 NY3d 179, 186-188 [2015]).
Retrieving the full opinion text from the archive…
People
v.
Light
v.
Light
Published
3d Dept: 140 AD3d 1400 (Albany)
denied 8/16/16 (DiFiore, Ch. J.)