green
Positive treatment
9.9 score
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Bowman
Although, as defendant contends, the men are not at identical distances from the camera, nothing about defendant's photo was "so distinctive that it would have drawn the viewer's attention to that photograph, so as to create a substantial likelihood that he would be singled out for identification" ( People v Marryshow , 162 AD3d at 1315; see People v Al Haideri , 141 AD3d 742, 743-744 [2016], lv denied 28 NY3d 1025 [2016]; People v Lanier , 130 AD3d at 1312 ).
discussed
Cited "see"
People v. Desius
Although a sidewalk or concrete surface can be "used" as a dangerous instrument ( People v Galvin , 65 NY2d 761 , 763 [1985]; see People v Al Haideri , 141 AD3d 742, 745 [3d Dept 2016], lv denied 28 NY3d 1025 [2016]; People v Melville , 298 AD2d 601 , 601 [2d Dept 2002], lv denied 99 NY2d 617 [2003]), the testimony of the eyewitnesses establishes that the blows to the victim, which were delivered using a cross-wise motion, were not executed in such a way as to establish that defendant consciously disregarded a substantial and unjustifiable risk that the victim's head would have contact with th…
discussed
Cited "see"
People v. Gannon
A trial court may impose reasonable limits on a defendant's cross-examination of a witness "based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness'[s] safety, or interrogation that is repetitive or only marginally relevant" ( People v Fields , 160 AD3d 1116 , 1120 [2018] [internal quotation marks and citation omitted], lvs denied 31 NY3d 1116 , 1120 [2018]; see People v Alcarez , 141 AD3d 943, 943 [2016], lv denied 28 NY3d 1025 [2016]).
discussed
Cited "see"
People v. Cole
Although the People bear the burden of “establish [ing] the reasonableness of the police conduct and the lack of any undue suggestiveness in a pretrial identification procedure, it is the defendant who bears the ultimate burden of proving that the procedure was unduly suggestive” (People v Smith, 122 AD3d at 1163 [internal quotation marks and citations omitted]; see People v Al Haideri, 141 AD3d 742, 743 [2016], lv denied 28 NY3d 1025 [2016]).
discussed
Cited "see"
People v. Ruiz
The People were obliged in the first instance to show “the reasonableness of the police conduct and the lack of any undue suggestiveness in [the] pretrial identification procedure,” but the ultimate burden rested on defendant to prove “that the procedure was unduly suggestive” (People v Chipp, 75 NY2d 327, 335 [1990], cert denied 498 US 833 [1990]; see People v Al Haideri, 141 AD3d 742, 743 [2016], lv denied 28 NY3d 1025 [Oct. 11, 2016]).
discussed
Cited "see"
People v. Ruiz
The People were obliged in the first instance to show “the reasonableness of the police conduct and the lack of any undue suggestiveness in [the] pretrial identification procedure,” but the ultimate burden rested on defendant to prove “that the procedure was unduly suggestive” (People v Chipp, 75 NY2d 327, 335 [1990], cert denied 498 US 833 [1990]; see People v Al Haideri, 141 AD3d 742, 743 [2016], lv denied 28 NY3d 1025 [Oct. 11, 2016]).
Retrieving the full opinion text from the archive…
Woods, Matter of
v.
State Univ. of N.Y.
v.
State Univ. of N.Y.
Published
3d Dept: 139 AD3d 1322
10/18/16