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Positive treatment
7.8 score
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017
2021
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Ballard
As those "allegations fail to establish any basis upon which to find . . . that counsel lacked a strategic reason for" urging defendant to forgo the hearing and plead guilty — "namely, the advantageous plea offer" that resolved the charges against him and limited both his and his wife's sentencing exposure — they give no reason to believe that counsel was ineffective ( People v Chaney , 160 AD3d 1281 , 1285 [2018], lv denied 31 NY3d 1146 [2018]; see People v Lewis , 138 AD3d 1346, 1349 [2016], lv denied 28 NY3d 1073 [2016]).
discussed
Cited "see"
People v. Letizia
Supreme Court properly denied without a hearing defendant's motion with respect to DNA testing "inasmuch as that issue was previously raised and addressed on the merits on defendant's prior motion seeking the same relief" ( People v Simmons , 180 AD3d 1328, 1328 [4th Dept 2020], lv denied 35 NY3d 974 [2020]; see People v Letizia , 141 AD3d 1129 , 1130 [4th Dept 2016], lv denied 28 NY3d 1073 [2016], reconsideration denied 28 NY3d 1186 [2017]).
discussed
Cited "see"
People v. Kelsey
The burden is on the defendant to " demonstrate the absence of strategic or other legitimate explanations for counsel's choices" ( People v Thiel , 134 AD3d 1237, 1240 [2015] [internal quotation marks, brackets and citations omitted], lv denied 27 NY3d 1156 [2016]; see People v Lewis , 138 AD3d 1346, 1348 [2016], lv denied 28 NY3d 1073 [2016]).
discussed
Cited "see"
People v. Comfort
Contrary to defendant's contention in appeal No. 2, we conclude that the court properly denied that part of his motion seeking forensic DNA testing inasmuch as defendant "failed to show that there exists a reasonable probability that the verdict would have been more favorable to defendant' if the requested testing had been carried out and the results admitted at trial" ( People v Sposito , 30 NY3d 1110 , 1111 [2018], quoting CPL 440.30 [1-a] [a] [1]; see People v Letizia , 141 AD3d 1129 , 1130 [4th Dept 2016], lv denied 28 NY3d 1073 [2016], reconsideration denied 28 NY3d 1186 [2017]).
discussed
Cited "see"
People v. Milton
We conclude that Supreme Court properly denied defendant’s request for additional DNA testing without a hearing inasmuch as “ ‘defendant failed to establish that there was a reasonable probability that, had [the bra and shirt] been tested and had the results been admitted at trial, the verdict would have been more favorable to defendant’ ” (People v Swift, 108 AD3d 1060 , 1061 [4th Dept 2013], lv denied 21 NY3d 1077 [2013]; see People v Letizia, 141 AD3d 1129 , 1130 [4th Dept 2016], lv denied 28 NY3d 1073 [2016], denied reconsideration 28 NY3d 1186 [2017]).
discussed
Cited "see"
People v. Coleman
In reviewing whether a conviction is against the weight of the evidence, we first determine whether a different verdict would have been reasonable and, if so, then, “like the trier of fact below, [we] 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 490, 495 [1987] [internal quotation marks and citations omitted]; accord People v Lawrence, 141 *1386 AD3d 828, 829 [2016], lv denied 28 NY3d 1073 [2016]).
discussed
Cited "see"
People v. Zeller
Our deference to the jury’s resolution of the credibility issues is due to its unique opportunity “to view the witnesses and observe their demeanor throughout this process” (People v Shoemaker, 119 AD3d 1073 , 1075 [2014], lv denied 25 NY3d 992 [2015]; accord People v Lawrence, 141 AD3d 828, 829 [2016], lv denied 28 NY3d 1073 [2016]).
Retrieving the full opinion text from the archive…
People
v.
Ivy
v.
Ivy
Published
App Div, 4th Dept, 9/7/16 (Erie)
dismissed 11/28/16 (Stein, J.)