green
Positive treatment
11.8 score
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016
2021
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Desmond
An acquittal would have been unreasonable on this record given the largely uncontested evidence establishing that, within minutes of the break-in, defendant—who generally matched the victims' description of the intruder—was found by the police in close proximity to the scene of the break-in, he appeared nervous and sweaty, and upon his arrest items stolen from the victims' house were found both in his possession and scattered along the street that he had been walking along when the police encountered him ( see People v McDermott , 200 AD3d 1732, 1733 [4th Dept 2021], lv denied 38 NY3d 929 …
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Cited "see"
People v. Leon
"Viewing the evidence in the light most favorable to the People, and giving them the benefit of every reasonable inference" ( People v Bay , 67 NY2d 787, 788 [1986]; see People v Delamota , 18 NY3d 107, 113 [2011]), we conclude that the evidence is legally sufficient to support the conviction ( see People v Butler , 140 AD3d 1610, 1610-1611 [4th Dept 2016], lv denied 28 NY3d 969 [2016]; see generally People v Bleakley , 69 NY2d 490, 495 [1987]).
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Cited "see"
People v. Magee
Thus, "the People supplied the necessary proof through circumstantial evidence, i.e., eyewitness testimony and surrounding circumstances,' " establishing that defendant possessed a loaded and operable firearm at the location and time of the incident ( Spears , 125 AD3d at 1402 ; see People v Butler , 140 AD3d 1610 , 1610-1611 [4th Dept 2016], lv denied 28 NY3d 969 [2016]; People v Singletary , 11 AD3d 567, 568 [2d Dept 2004], lv denied 4 NY3d 748 [2004]).
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People v. Wingfield
To the extent that defendant's contention survives his guilty pleas and valid waiver of the right to appeal ( see People v Ware , 159 AD3d 1401 , 1402 [4th Dept 2018], lv denied 31 NY3d 1122 [2018]), we conclude that it lacks merit because an argument for suppression on that ground would have had "little or no chance of success" ( People v Caban , 5 NY3d 143, 152 [2005] [internal quotation marks omitted]; see generally People v Bunce , 141 AD3d 536, 537 [2d Dept 2016], lv denied 28 NY3d 969 [2016]).
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People v. Cross
"Viewing the evidence in the light most favorable to the People, and giving them the benefit of every reasonable inference" ( People v Bay , 67 NY2d 787, 788 [1986]; see People v Delamota , 18 NY3d 107, 113 [2011]), we conclude that the evidence is legally sufficient to support the conviction ( see People v Butler , 140 AD3d 1610 , 1610-1611 [4th Dept 2016], lv denied 28 NY3d 969 [2016]; People v Kindred , 60 AD3d 1240, 1241 [3d Dept 2009], lv denied 12 NY3d 926 [2009]; see generally People v Bleakley , 69 NY2d 490, 495 [1987]).
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People v. Standsblack
In any event, the contention lacks merit. "[T]he court's Sandoval compromise, in which it limited questioning on defendant's prior conviction[] for [sexual abuse] to whether [he] had been convicted of a felony . . . , reflects a proper exercise of the court's discretion' " ( People v Stevens , 109 AD3d 1204 , 1205 [4th Dept 2013], lv denied 23 NY3d 1043 [2014]; see People v Butler , 140 AD3d 1610, 1613 [4th Dept 2016], lv denied 28 NY3d 969 [2016]).
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People v. Reed
It is equally “well settled that consent may be inferred from an individual’s words, gestures, or conduct” (United States v Buettner-Janusch, 646 F2d 759, 764 [1981], cert denied 454 US 830 [1981]; see People v Bunce, 141 AD3d 536, 537 [2016], lv denied 28 NY3d 969 [2016]; People v Gonzalez, 222 AD2d 453, 453 [1995]).
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Cited "see"
People v. Ruiz
Moreover, while the background and lighting used in the photographs varied somewhat, “the differences were not of such quality as would taint the array” (People v Boria, 279 AD2d 585, 586 [2001], lv denied 96 NY2d 781 [2001]; see People v Butler, 140 AD3d 1610, 1611 [2016], lv denied 28 NY3d 969 [2016]; People v Sullivan, 300 AD2d 689, 690 [2002], lv denied 100 NY2d 587 [2003]).
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Cited "see"
People v. Ruiz
Moreover, while the background and lighting used in the photographs varied somewhat, “the differences were not of such quality as would taint the array” (People v Boria, 279 AD2d 585, 586 [2001], lv denied 96 NY2d 781 [2001]; see People v Butler, 140 AD3d 1610, 1611 [2016], lv denied 28 NY3d 969 [2016]; People v Sullivan, 300 AD2d 689, 690 [2002], lv denied 100 NY2d 587 [2003]).
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Cited "see"
People v. Herbert
“Even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer acts upon the direction of or as a result of communication with a superior or fellow officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause to make the arrest” (People v Taylor, 134 AD3d 1165, 1169 [2015] [internal quotation marks, brackets and citations omitted], lv denied 26 NY3d 1150 [2016]; accord People v Ramirez-Portoreal, 88 NY2d 99, 113 [1996]; see People v …
discussed
Cited "see, e.g."
People v. Strife
Lastly, we agree with defendant that County Court erred by failing to provide a permissive adverse inference charge based upon the People's failure to preserve a copy of the booking room video on the night of defendant's arrest ( see People v Handy , 20 NY3d 663, 669 [2013]; People v Kelly , 62 NY2d 516, 519-521 [1984]; see also People v Butler , 140 AD3d 1610, 1612 [2016], lvs denied 28 NY3d 969 , 970 [2016]).
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Cited "see, e.g."
People v. Moore
However, inasmuch as County Court’s postjudgment order is not part of the judgment of conviction and defendant failed to file a notice of appeal with regard thereto, this issue is not properly before us (see People v Flanders, 110 AD3d 1112 , 1113 n [2013]; People v Brown, 69 AD3d 466, 466 [2010]; compare People v Bibeau, 140 AD3d 1530, 1531 [2016], lv denied 28 NY3d 969 [2016]).
Retrieving the full opinion text from the archive…
People
v.
Arroyo
v.
Arroyo
Published
App Div, 1st Dept: 2016 NY Slip Op 62558(U) (NY)
denied reconsideration 9/21/16 (DiFiore, Ch. J.)