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Treatment trajectory · 2017 → 2026 · click a year to view as-of
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Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Podeswa
However, in his motion, "defendant failed to demonstrate the absence of any strategic or other legitimate explanation for . . . counsel's failure to seek suppression, which is necessary to rebut the presumption that counsel acted in a competent manner and exercised professional judgment in not seeking suppression" ( People v Vecchio , 228 AD2d 820, 821 [1996]; see People v Stahl , 141 AD3d 962, 966 [2016], lv denied 28 NY3d 1127 [2016], cert denied ___ US ___, 138 S Ct 222 [2017]).
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Cited "see"
People v. Shevchenko
We conclude that the evidence, including the victim's testimony regarding her alcohol consumption and limited ability to remember the night in question, as well as the expert testimony establishing that the ketamine found in the victim's blood could have caused unconsciousness or sedation, provides a " valid line of reasoning and permissible inferences' " to permit a rational factfinder to conclude beyond a reasonable doubt that the victim was physically helpless while defendant engaged in sexual intercourse with her ( People v Danielson , 9 NY3d 342, 349 [2007]; see People [*2]v Stahl , 141 A…
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Cited "see"
People v. Williams
Similarly, defendant's "conclusory and unsubstantiated assertion that his plea was coerced" by threats of additional prosecution was "refuted by his statements during the plea proceedings" ( People v McKinnon , 5 AD3d 1076 , 1076-1077 [4th Dept 2004], lv denied 2 NY3d 803 [2004] [internal quotation marks omitted]; see People v Spates , 142 AD3d 1389, 1389 [4th Dept 2016], lv denied 28 NY3d 1127 [2016]).
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Cited "see"
People v. Barksdale
It is well settled that the court's "determination that defendant did not unequivocally invoke his right to remain silent is granted deference and will not be disturbed unless unsupported by the record' " ( People v Zacher , 97 AD3d 1101 , 1101 [4th Dept 2012], lv denied 20 NY3d 1015 [2013]; see People v Smith , 140 AD3d 1774, 1775 [4th Dept 2016], lv denied 28 NY3d 1127 [2016]).
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Cited "see"
People v. Jones
Following our review of the sealed transcript of the Darden hearing, as well as the court’s summary report, we conclude that the court properly determined that “the informant existed and that he provided the information to the police concerning the [presence of a gun] at the specified location” (People v Wilson, 48 AD3d 1099, 1100 [2008], lv denied 10 NY3d 845 [2008]; see People v Santiago, 142 AD3d 1390, 1390-1391 [2016], lv denied 28 NY3d 1127 [2016]; People v Brown [appeal No. 1], 93 AD3d 1231, 1231 [2012], lv denied 19 NY3d 958 [2012]).
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Cited "see"
People v. Jones
Following our review of the sealed transcript of the Darden hearing, as well as the court’s summary report, we conclude that the court properly determined that “the informant existed and that he provided the information to the police concerning the [presence of a gun] at the specified location” (People v Wilson, 48 AD3d 1099, 1100 [2008], lv denied 10 NY3d 845 [2008]; see People v Santiago, 142 AD3d 1390, 1390-1391 [2016], lv denied 28 NY3d 1127 [2016]; People v Brown [appeal No. 1], 93 AD3d 1231, 1231 [2012], lv denied 19 NY3d 958 [2012]).
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Cited "see"
JONES, MELCHI N., PEOPLE v
Following our review of the sealed transcript of the Darden hearing, as well as the court’s summary report, we conclude that the court properly determined that “the informant existed and that he provided the information to the police concerning the [presence of a gun] at the specified location” (People v Wilson, 48 AD3d 1099, 1100 , lv denied 10 NY3d 845 ; see People v Santiago, 142 AD3d 1390, 1390-1391 , lv denied 28 NY3d 1127 ; People v Brown [appeal No. 1], 93 AD3d 1231, 1231 , lv denied 19 NY3d 958 ).
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Cited "see"
People v. Jones
Following our review of the sealed transcript of the Darden hearing, as well as the court’s summary report, we conclude that the court properly determined that “the informant existed and that he provided the information to the police concerning the [presence of a gun] at the specified location” (People v Wilson, 48 AD3d 1099, 1100 [2008], lv denied 10 NY3d 845 [2008]; see People v Santiago, 142 AD3d 1390, 1390-1391 [2016], lv denied 28 NY3d 1127 [2016]; People v Brown [appeal No. 1], 93 AD3d 1231, 1231 [2012], lv denied 19 NY3d 958 [2012]).
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Cited "see"
People v. Garrow
Given the strong evidence of guilt and beneficial plea offer, as well as the unlikelihood such a request would have been granted, defendant has not demonstrated “the absence of strategic or other legitimate explanations” for counsel’s decision not to seek recusal (People v Wragg, 26 NY3d 403, 409 [2015]; see People v Stahl, 141 AD3d 962, 966-967 [2016], lv denied 28 NY3d 1127 [2016]).
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Cited "see"
People v. Garrow
Given the strong evidence of guilt and beneficial plea offer, as well as the unlikelihood such a request would have been granted, defendant has not demonstrated “the absence of strategic or other legitimate explanations” for counsel’s decision not to seek recusal (People v Wragg, 26 NY3d 403, 409 [2015]; see People v Stahl, 141 AD3d 962, 966-967 [2016], lv denied 28 NY3d 1127 [2016]).
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Cited "see, e.g."
People v. Ross
Given the evidence at the suppression hearing, we agree with the court that "the officers were authorized to conduct a pat frisk of defendant after he exited the vehicle based on defendant's suspicious and furtive conduct, as well as the information from the confidential informant that they received via [the] parole officer" ( see People v Goodson , 85 AD3d 1569 , 1569-1570 [4th Dept 2011], lv denied 17 NY3d 953 [2011]; see also People v Santiago , 142 AD3d 1390 , 1391 [4th Dept 2016], lv denied 28 NY3d 1127 [*2][2016]; People v Fagan , 98 AD3d 1270 , 1271 [4th Dept 2012], lv denied 20 NY3d 10…
Retrieving the full opinion text from the archive…
People
v.
Santiago (Alexander)
v.
Santiago (Alexander)
Published
1st Dept: 143 AD3d 545 (Bronx)
denied 12/9/16 (Garcia, J.)