People v. Hernandez, 262 A.D.2d 1032 (N.Y. App. Div. 1999). · Go Syfert
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People v. Hernandez, 262 A.D.2d 1032 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Dean (nyappdiv, 2025-06-27)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Dean (2×)
N.Y. App. Div. · 2025 · confidence medium
A court's determination under that provision is reviewed for an abuse of discretion ( see People v Walker , 167 AD3d 1502 , 1503 [4th Dept 2018], lv denied 33 NY3d 955 [2019]; People v Ganntt , 159 AD3d 986 , 986 [2d Dept 2018], lv denied 31 NY3d 1117 [2018]; People v Koberstein , 262 AD2d 1032, 1033 [4th Dept 1999], lv denied 94 NY2d 798 [1999]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2018 · confidence medium
By failing to object on the grounds raised on appeal, defendant failed to preserve for our review his contention that County Court's consciousness-of-guilt instruction to the jury impermissibly shifted the burden of proof ( see CPL 470.05 [2]; People v Robinson , 88 NY2d 1001, 1001-1002 [1996]; People v Koberstein , 262 AD2d 1032, 1033 [4th Dept 1999], lv denied 94 NY2d 798 [1999]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s further contention, we conclude that the warrant application was facially sufficient inasmuch as the supporting affidavit established that the informant was reliable and had a basis of knowledge for the information imparted to the police (see generally People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]; People v Perron, 248 AD2d 962, 963 [1998], lv denied 92 NY2d 879 [1998]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s further contention, we conclude that the warrant application was facially sufficient inasmuch as the supporting affidavit established that the informant was reliable and had a basis of knowledge for the information imparted to the police (see generally People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]; People v Perron, 248 AD2d 962, 963 [1998], lv denied 92 NY2d 879 [1998]).
discussed Cited as authority (rule) People v. Mitchum
N.Y. App. Div. · 2015 · confidence medium
We further conclude that the hearsay information supplied in the search warrant application satisfied the two prongs of the Aguilar-Spinelli test and that the search warrant was issued upon probable cause (see People v Monroe, 82 AD3d 1674, 1675 [2011], lv denied 17 NY3d 808 [2011]; People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]).
discussed Cited as authority (rule) People v. Mitchum
N.Y. App. Div. · 2015 · confidence medium
We further conclude that the hearsay information supplied in the search warrant application satisfied the two prongs of the Aguilar-Spinelli test and that the search warrant was issued upon probable cause (see People v Monroe, 82 AD3d 1674, 1675 [2011], lv denied 17 NY3d 808 [2011]; People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2009 · confidence medium
Contrary to the contention of defendant, the court did not abuse its discretion in denying his request for expert fees for an investigator inasmuch as he failed to establish that those fees were necessary (see People v Koberstein, 262 AD2d 1032, 1033 [1999], lv denied 94 NY2d 798 [1999]; People v Drumgoole, 234 AD2d 888, 889-890 [1996], lv denied 89 NY2d 1011 [1997]; People v Barber, 154 AD2d 882 [1989], lv denied 75 NY2d 810 , 917 [1990]; see generally County Law § 722-c).
discussed Cited as authority (rule) People v. Pike
N.Y. App. Div. · 2009 · confidence medium
Turning to the remaining contentions of defendant, we conclude that County Court did not abuse or improvidently exercise its discretion in denying his motion seeking funds to retain a jury consultant (see People v Koberstein, 262 AD2d 1032, 1033 [1999], lv denied 94 NY2d 798 [1999]; see generally People v Cahill, 2 NY3d 14 , 44 n 11 [2003]).
discussed Cited as authority (rule) People v. Bradley
N.Y. App. Div. · 2005 · confidence medium
The court properly admitted photographs of the victim in evidence (see generally People v Pobliner, 32 NY2d 356, 369-370 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]; People v Koberstein, 262 AD2d 1032, 1033 [1999], lv denied 94 NY2d 798 [1999]) as well as evidence of uncharged crimes relevant to defendant’s apparent financial motive for killing the victim (see People v Chase, 85 NY2d 493, 502 [1995]).
discussed Cited as authority (rule) People v. Voorhees
N.Y. App. Div. · 2003 · confidence medium
We further conclude that the court did not abuse its discretion in admitting in evidence two photographs of the partially decomposed body of the victim inasmuch as any prejudice to defendant was outweighed by the relevance of the photographs to material issues in the case (see People v Koberstein, 262 AD2d 1032, 1033 [1999], lv denied 94 NY2d 798 [1999]; see generally People v Stevens, 76 NY2d 833, 835 [1990]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Juan Hernandez
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 1999.
262 A.D.2d 1032
1999 N.Y. App. Div. LEXIS 7254
Cited by 6 opinions  |  Published

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, the search warrant for his mobile home was issued upon probable cause. The reliability and basis of knowledge of the confidential informant and the third party who purchased the drugs for the informant were confirmed by the investigators’ observation of a controlled buy and through other police sources (see, People v Ferron, 248 AD2d 962, lv denied 92 NY2d 879; People v Parker, 217 AD2d 946, lv denied 87 NY2d 849). (Appeal from Judgment of Wayne County Court, Parenti, J. — Criminal Possession Weapon, 3rd Degree.) Present — Den-man, P. J., Pine, Wisner, Hurlbutt and Callahan, JJ.