People v. Hall, 57 A.D.3d 1471 (N.Y. App. Div. 2008). · Go Syfert
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People v. Hall, 57 A.D.3d 1471 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Davis (nyappdiv, 2024-12-26)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2024 · confidence medium
The People therefore failed to establish by clear and convincing evidence that there was any sexual contact between defendant and the victim ( see People v Brown, 7 AD3d 831, 833 [3d Dept 2004]; see also People v Tingling , 201 AD3d 555 , 556 [1st Dept 2022], lv denied 38 NY3d 908 [2022]; People v Canady , 195 AD3d 752, 753 [2d Dept 2021]; People v Warrior , 57 AD3d 1471, 1472 [4th Dept 2008]).
discussed Cited as authority (rule) Sebco Dev., Inc. v. Building Mgt. Assoc., Inc.
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Clear and convincing evidence means "evidence which makes it highly probable that the alleged activity actually occurred" ( Ferreyra v Arroyo , 35 NY3d 127 , 128 [2020] [internal quotation marks omitted]; Rudovic v Rudovic , 190 AD3d 997, 999 [2d Dept 2021]; People v Stewart , 61 AD3d 1059, 1060 [3d Dept 2009]; People v Warrior , 57 AD3d 1471, 1472 [4th Dept 2008]; Quezada v O'Reilly-Green , 24 AD3d 744, 746 [2d Dept 2005]; People v Donaldson , 138 AD2d 730, 730 [2d Dept 1988]).
discussed Cited as authority (rule) Sebco Dev., Inc. v. Building Mgt. Assoc., Inc.
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Clear and convincing evidence means "evidence which makes it highly probable that the alleged activity actually occurred" ( Ferreyra v Arroyo , 35 NY3d 127 , 128 [2020] [internal quotation marks omitted]; Rudovic v Rudovic , 190 AD3d 997, 999 [2d Dept 2021]; People v Stewart , 61 AD3d 1059, 1060 [3d Dept 2009]; People v Warrior , 57 AD3d 1471, 1472 [4th Dept 2008]; Quezada v O'Reilly-Green , 24 AD3d 744, 746 [2d Dept 2005]; People v Donaldson , 138 AD2d 730, 730 [2d Dept 1988]).
discussed Cited as authority (rule) People v. Alay
N.Y. App. Div. · 2021 · confidence medium
Clear and convincing evidence is defined as evidence which makes it "highly probable" that what is claimed happened actually happened ( People v Warrior , 57 AD3d 1471, 1472 [internal quotation marks omitted]; see Matter of Ferreyra v Arroyo , 35 NY3d 127 , 128).
discussed Cited as authority (rule) People v. Kowal
N.Y. App. Div. · 2019 · confidence medium
In any event, given defendant's denial of a substance abuse problem, his ex-wife's hearsay statement is insufficient to constitute clear and convincing evidence of its truth (see generally People v Warrior, 57 AD3d 1471, 1472 [4th Dept 2008]).
discussed Cited as authority (rule) People v. Finocchiaro
N.Y. App. Div. · 2016 · confidence medium
Moreover, the People did not fail to establish facts supporting the level three risk determination by clear and convincing evidence, as required (see § 168-n [3]; People v Mingo, 12 NY3d 563, 571 [2009]; People v Warrior, 57 AD3d 1471, 1472 [2008]; People v Hamelinck, 23 AD3d 1060, 1060 [2005]).
discussed Cited as authority (rule) People v. Finocchiaro
N.Y. App. Div. · 2016 · confidence medium
Moreover, the People did not fail to establish facts supporting the level three risk determination by clear and convincing evidence, as required (see § 168-n [3]; People v Mingo, 12 NY3d 563, 571 [2009]; People v Warrior, 57 AD3d 1471, 1472 [2008]; People v Hamelinck, 23 AD3d 1060, 1060 [2005]).
discussed Cited as authority (rule) People v. Briggs
N.Y. App. Div. · 2011 · confidence medium
Initially, we agree with defendant that, given the absence of any proof substantiating the statement in the Michigan State Police original incident report that “there are ad ditional victims,” and in light of defendant’s denial of having victimized anyone else during his travels with the ministry, that hearsay statement does not rise to the level of clear and convincing evidence necessary to support County Court’s upward departure (see People v Warrior, 57 AD3d 1471, 1472 [2008]; see also People v Stewart, 61 AD3d 1059, 1060 [2009]).
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2009 · confidence medium
In the absence of any reliable evidence to substantiate the finding of multiple victims, the equivocal hearsay evidence relied upon by County Court does not constitute clear and convincing evidence (see People v Warrior, 57 AD3d 1471, 1471 [2008]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kenneth J. Hall
Appellate Division of the Supreme Court of the State of New York.
Dec 31, 2008.
57 A.D.3d 1471
Published

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [2]), defendant contends that the presentence report should be amended because, according to defendant, it contains inaccurate assertions and unsupported speculation that “are likely to prejudice [defendant] for years to come” (see generally People v Harrington, 3 AD3d 737, 739 [2004]). Defendant failed to preserve that contention for our review, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe. Present — Centra, J.E, Peradotto, Green and Pine, JJ.