green
Positive treatment
Issue: merger doctrineNY ↗
Issue: plausible defenseNY ↗
Issue: totality factorsNY ↗
Issue: duty of further inquiryNY ↗
9.2 score
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017
2021
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Bonilla
Although the acts constituting each of the crimes of conviction herein occurred in relatively quick succession, defendant's attempted abduction of the victim was not "simultaneous and inseparable" from the other crimes ( People v Place , 152 AD3d 976, 980 [3d Dept 2017] [internal quotation marks and citation omitted], lv denied 30 NY3d 1063 [2017]; see People v Thorpe , 141 AD3d 927, 932 [3d Dept 2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Durfey
Where a different conclusion would not have been unreasonable, this Court must "weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony" ( People v Bleakley , 69 NY2d at [*2]495 [internal quotation marks and citation omitted]; see People v Thorpe , 141 AD3d 927, 929 [2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Pratt
"There can be no denial of effective assistance of trial counsel arising from counsel's failure to make a motion or argument that has little or no chance of success" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Thorpe , 141 AD3d 927, 935 [2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Smith
"There can be no denial of effective assistance of trial counsel arising from counsel's failure to make a motion or argument that has little or no chance of success" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Thorpe , 141 AD3d 927, 935 [2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Rosario
Although it would have been appropriate for counsel to request a charge on unlawful imprisonment in the second degree as a lesser included offense of unlawful imprisonment in the first degree ( see People v Subik , 112 AD2d 480, 481 [1985]; see also People v Daniels , 97 AD3d at 848 ), defendant "has not demonstrated that the failure to request [such a] charge was other than an acceptable 'all-or-nothing' defense strategy" ( People v Guarino , 298 AD2d 937, 938 [2002], lv denied 98 NY2d 768 [2002]; accord People v Ariosa , 100 AD3d 1264 , 1266 [2012], lv denied 21 NY3d 1013 [2013]; see People …
discussed
Cited "see"
People v. Luciano
Thus, his legal sufficiency argument is “unpreserved for review in the absence of a trial motion to dismiss premised on the specific grounds now being raised on appeal” (People v Novak, 148 AD3d 1352, 1353 [2017]; see People v Thorpe, 141 AD3d 927, 928 [2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Luciano
Thus, his legal sufficiency argument is "unpreserved for review in the absence of a trial motion to dismiss premised on the specific grounds now being raised on appeal" ( People v Novak , 148 AD3d 1352, 1353 [2017]; see People v Thorpe , 141 AD3d 927, 928 [2016], lv denied 28 NY3d 1031 [2016]).
discussed
Cited "see"
People v. Place
In any event, defendant’s reliance on the merger doctrine is unavailing given that defendant’s abduction and restraint of the victim was not “simultaneous and inseparable” from the other crime but, rather, it was “a crime in itself” (People v Gonzalez, 80 NY2d 146, 153 [1992]; see People v Thorpe, 141 AD3d 927, 932 [2016], lv denied 28 NY3d 1031 [2016]; People v Leiva, 59 AD3d 161, 161 [2009], lv denied 12 NY3d 818 [2009]; People v Rosado, 26 AD3d 532, 533 [2006], lv denied 7 NY3d 762 [2006]).
discussed
Cited "see, e.g."
People v. Pettus
"Failure to so charge the jury was necessarily harmful error," given that the case against defendant rested substantially — if not exclusively — upon the testimony of Dozier ( People v Jenner , 29 NY2d 695, 696-697 [1971] [citation omitted]; accord People v Minarich , 46 NY2d 970, 971 [1979]; People v Medeiros , 116 AD3d at 1098-1099 ; see People v Whyte , 144 AD3d at 1395 ; People v Adams , 307 AD2d at 478 ; People v Artis , 182 AD2d at 1013 ; People v Arnott , 143 AD2d 761, 763 [1988]; compare People v Thorpe , 141 AD3d 927, 935 [2016], lv denied 28 NY3d 1031 [2016]; People v Clarke , 10…
Retrieving the full opinion text from the archive…
People
v.
Rounds
v.
Rounds
Published
4th Dept: 140 AD3d 1657 (Lewis)
denied 10/27/16 (Rivera, J.)