G Cite
cited 2× by 2 distinct cases ·
…does not sufficiently demonstrate that defendant was aware of his actual sentencing exposure
⚠ not in text
cited 2× by 1 distinct case ·
…the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on defendant was unduly harsh or severe
⚠ not in text
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019
2022
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Kennedy
(2×)
Notably, "the fact that a codefendant may have received a lesser sentence does not establish that the sentence imposed on [defendant] was unduly harsh or severe" ( People v Augustin , 234 AD3d 1188 , 1188 [3d Dept 2025]; see People v Sindoni , 158 AD3d 899 , 899 [3d Dept 2018], lv denied 31 NY3d 1017 [2018]). [FN2] Defendant's remaining contentions[*2], to the extent not specifically addressed, have been considered and found to be without merit.
discussed
Cited "see"
People v. Caballero
In addition, viewing the evidence in light of the elements of the crimes in this nonjury trial ( see People v Danielson , 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence ( see generally Bleakley , 69 NY2d at 495 ). "[I]ssues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the [factfinder]" ( People v Witherspoon , 66 AD3d 1456 , 1457 [4th Dept 2009], lv denied 13 NY3d 942 [2010] [internal quotation marks omitted]; see People v Smith , 145 AD3d 1628, 1629 [4th Dept 2016], …
discussed
Cited "see"
People v. Barksdale
To the extent that these claims are dependent on matters outside the record on direct appeal, "the appropriate procedure for the litigation of defendant's challenge to his counsel's performance is a CPL 440.10 motion" ( Maffei , 35 NY3d at 266; see People v Smith , 145 AD3d 1628, 1630 [4th Dept 2016], lv denied 31 NY3d 1017 [2018]).
discussed
Cited "see"
People v. Gray
Because defendant's waiver of the right to appeal was "manifestly intended" to cover all waivable aspects of the case, his challenge to the court's suppression ruling is precluded ( People v Kemp , 94 NY2d 831, 833 [1999]; see People v Sampson , 156 AD3d 1484, 1484 [4th Dept 2017], lv denied 31 NY3d 1017 [2018]; People v Payne , 148 AD3d 1226, 1227 [3d Dept 2017], lv denied 29 NY3d 1084 [2017]).
discussed
Cited "see, e.g."
People v. Maisonette
However, where a child was or may have been abused, just as in a domestic violence situation, "[d]etails of the abuse, even including the perpetrator's identity, may be relevant to diagnosis and treatment . . . because the medical provider must consider the victim's safety when creating a discharge plan and gauging the patient's psychological [or counseling] needs" ( People v Pham , 118 AD3d 1159, 1162 [2014], lv denied 24 NY3d 1087 [2014]; see People v Duhs , 16 NY3d 405, 408-409 [2011]; People v Hansson , 162 AD3d 1234 , 1239 [2018], lv denied 32 NY3d 1004 [2018]; Matter of Luis P. , 161 AD3…
discussed
Cited "see, e.g."
People v. Hayes
The court's initial explanation of the waiver of appeal and the written waivers suggested that defendant's waiver was intended to cover all waivable aspects of the conviction arising from both the 2015 and 2016 indictments ( see People v Kemp , 94 NY2d 831, 833 [1999]; see also People v Sampson , 156 AD3d 1484, 1484 [4th Dept 2017], lv denied 31 NY3d 1017 [2018]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
RIVES (Cameron)
v.
RIVES (Cameron)
Court for the Trial of Impeachments and Correction of Errors.
Apr 26, 2018.
Feinman.
Published
Feinman, J.
Applications in Criminal Cases for Leave to Appeal Denied