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Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Hartsfield
To the extent that defendant's contention is preserved ( see generally CPL 470.05 [2]), we conclude that the court did not abuse its discretion in permitting testimony from all three witnesses because evidence of the cocaine in defendant's blood was relevant to establish whether defendant was impaired by the substance beyond a reasonable doubt and "each examiner played a successive role in the analysis" ( People v Hajratalli , 200 AD3d 1332, 1339 [3d Dept 2021]; see generally People v Davis , 43 NY3d 17 , 27 [1977], cert denied 435 US 998 [1978]).
discussed
Cited "see"
People v. Boone
This evidence was “of merely slight, remote or conjectural significance” (People v Feldman, 299 NY 153, 169-170 [1949]; see People v Pereda, 200 AD2d 774, 774 [1994]), and the probative value of the recordings was “outweighed by the prospect of trial delay, undue prejudice to the opposing party, confusing the issues [and] misleading the jury” (People v Primo, 96 NY2d 351, 355 [2001]; see People v Davis, 43 NY2d 17, 27 [1977], cert denied 435 US 998 [1978]; People v Downs, 34 AD3d 596, 596 [2006]).
discussed
Cited "see"
People v. Boone
This evidence was “of merely slight, remote or conjectural significance” (People v Feldman, 299 NY 153, 169-170 [1949]; see People v Pereda, 200 AD2d 774, 774 [1994]), and the probative value of the recordings was “outweighed by the prospect of trial delay, undue prejudice to the opposing party, confusing the issues [and] misleading the jury” (People v Primo, 96 NY2d 351, 355 [2001]; see People v Davis, 43 NY2d 17, 27 [1977], cert denied 435 US 998 [1978]; People v Downs, 34 AD3d 596, 596 [2006]).
discussed
Cited "see"
Stanley Ellsworth Perkins v. Eugene Lefevre, Superintendent
(2×)
See People v. Davis, 43 N.Y.2d 17, 400 N.Y.S.2d 735 , 371 N.E.2d 456 (1977), cert. denied, 435 U.S. 998 , 98 S.Ct. 1653 , 56 L.Ed.2d 88 (1978). 2 .
discussed
Cited "see, e.g."
People v. Sosa-Lopez
Penal Law § 265.01 (1), like all other legislative enactments, is “supported by a presumption of validity so strong as to demand of those who attack them a demonstration of invalidity beyond a reasonable doubt, and the courts strike them down only as a last unavoidable result” (Matter of Van Berkel v Power, 16 NY2d 37, 40 [1965]; see also People v Davis, 43 NY2d 17 [1977], cert denied 435 US 998 [1978]).
discussed
Cited "see, e.g."
People v. Cahill
(2×)
Finally, the majority’s disposition of this case renders the sentencing issues academic (see Harris, 98 NY2d at 497 ; see also People v Davis, 43 NY2d 17, 29 [1977], cert denied 435 US 998 [1978]).
discussed
Cited "see, e.g."
People v. Martinez
Evidence, while technically relevant, may be excluded if it is too slight, remote or conjectural to have any legitimate influence in determining the fact in issue (see, Richardson, Evidence § 147 [Prince 10th ed]; see also, People v Davis, 43 NY2d 17, 27 , cert denied 435 US 998 ).
discussed
Cited "see, e.g."
People v. O'Connor
Evidence, while technically relevant, may be excluded if it is too slight, remote, or conjectural to have any legitimate influence in determining the fact in issue (see, Richardson, Evidence § 147 [Prince 10th ed]; see also, People v Davis, 43 NY2d 17, 27 , cert denied 435 US 998 ).
discussed
Cited "see, e.g."
People v. Hills
That evidence was clearly relevant in that it was logically probative of facts to be proved (Fisch, New York Evidence § 3 [2d ed 1977]; see also, People v Davis, 43 NY2d 17, 27 , cert denied 435 US 998 , rearg dismissed 61 NY2d 670 ; People v Johnson, 47 NY2d 785, 787 , cert denied 444 US 857 ; Richardson, Evidence § 4 [Prince 10th ed 1973]).
discussed
Cited "see, e.g."
People v. Singh
Finally, we find no abuse of discretion in the trial court’s ruling on the admissibility of the testimony of the defendant’s brother since it related to a separate incident which was remote and conjectural to the issue of the defendant’s guilt or innocence (see, Richardson, Evidence § 147 et seq. [Prince 10th ed]; see also, People v Davis, 43 NY2d 17, 27 , cert denied 435 US 998 , rearg dismissed 61 NY2d 670 ).
discussed
Cited "see, e.g."
State v. Johnson
See, e.g., United States v. Perez, 440 F.Supp. 272 (N.D.Ohio 1977), aff’d 571 F.2d 584 (6th Cir.), cert. denied 435 U.S. 998 , 98 S.Ct. 1652 , 56 L.Ed.2d 88 (1978) (upholding warrantless search for explosives): Warden Maryland Penitentiary v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967) (search with a probable cause for and in hot pursuit of a fleeing and dangerous felony suspect is proper); United States v. Barone, 330 F.2d 543 (2d Cir.1964) ce rt. denied 377 U.S. 1004 , 84 S.Ct. 1940 , 12 L.Ed.2d 1053 (search based upon apparent medical emergency is valid); State v. McClear…
Retrieving the full opinion text from the archive…
Chapman
v.
Indiana
v.
Indiana
No. 77-6296.
Supreme Court of the United States.
Apr 24, 1978.
Published
Ct. App. Ind. Certiorari denied.