People v. Noakes, 57 A.D.3d 280 (N.Y. App. Div. 2008). · Go Syfert
People v. Noakes, 57 A.D.3d 280 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Phuong Lam (nyappterm, 2025-01-24)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Phuong Lam (3×)
N.Y. App. Term. · 2025 · confidence medium
The fact that the panelist sometimes represented law enforcement in her work is not a ground for a challenge for cause ( see CPL 270.20[1][c]; People v Shepherd , 205 AD3d 652 [2022], lv denied 39 NY3d 942 [2022]; People v Noakes, 57 AD3d 280,281 [2008], lv denied 12 NY3d 786 [2009]]; People v Washington, 35 AD3d 288 [2006], lv denied 8 NY3d 951 [2007]), and she provided unequivocal assurances of her impartiality ( see People v Lopez , 7 AD3d 350, 351 [2004], lv denied 3 NY3d 708 [2004]; People v Webb , 285 AD2d 659, 660 [2001], lv denied 97 NY2d 689 [2001]).
discussed Cited "see" People v. Smalls
N.Y. App. Div. · 2012 · signal: see · confidence high
Furthermore, “[defendant was identified by the victim, who was acquainted with defendant and knew him by name” (People v Ortiz, 50 AD3d 336, 336 [2008], lv denied 10 NY3d 962 [2008]; see People v Noakes, 57 AD3d 280, 281 [2008], lv denied 12 NY3d 786 [2009]).
discussed Cited "see" People v. Smalls
N.Y. App. Div. · 2012 · signal: see · confidence high
Furthermore, “[defendant was identified by the victim, who was acquainted with defendant and knew him by name” (People v Ortiz, 50 AD3d 336, 336 [2008], lv denied 10 NY3d 962 [2008]; see People v Noakes, 57 AD3d 280, 281 [2008], lv denied 12 NY3d 786 [2009]).
discussed Cited "see" SMALLS, JR., ERVIN, PEOPLE v
N.Y. App. Div. · 2012 · signal: see · confidence high
Furthermore, “[d]efendant was identified by the victim, who was acquainted with defendant and knew him by name” (People v Ortiz, 50 AD3d 336, 336 , lv denied 10 NY3d 962 ; see People v Noakes, 57 AD3d 280, 281 , lv denied 12 NY3d 786 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Diana Noakes, Also Known as Adele Chandler and Adell Robinson
Appellate Division of the Supreme Court of the State of New York.
Dec 11, 2008.
57 A.D.3d 280
Cited by 4 opinions  |  Published

[*281] The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning identification and credibility, including its evaluation of the victim’s testimony that, at the time of the crime, she knew her assailant’s first name. Moreover, the victim’s identification of defendant was corroborated by circumstantial evidence.

The court properly denied defendant’s challenge for cause to a prospective juror with a background in occupations related to law enforcement. The panelist provided unequivocal assurances of his impartiality and ability to follow the court’s instructions on such matters as the burden of proof (see People v Washington, 35 AD3d 288 [2006], lv denied 8 NY3d 951 [2007]), and he never manifested any difficulty in applying the presumption of innocence. While defendant challenges the sincerity of the panelist’s voir dire responses, the trial court “saw and heard the panelist, credited his assurances, and there is no basis for disturbing its determination.” (Id. at 288.) Concur—Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.