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Positive treatment
10.7 score
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017
2021
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Giles
The record establishes that the court, following the model colloquy, explained that the listed issues were "[a]mong the limited number of claims" of error that would survive a valid waiver and, contrary to defendant's suggestion, "[n]o 'particular litany' is required for a waiver of the right to appeal to be valid" ( People v Wood , 217 AD3d 1407, 1408 [4th Dept 2023], quoting Lopez , 6 NY3d at 256 ; see People v Parker , 151 AD3d 1876, 1876 [4th Dept 2017], lv denied 30 NY3d 982 [2017]).
discussed
Cited "see"
People v. Harlow
Here, "there was no basis for concluding that the [officer] was more likely than the jury to correctly determine whether . . . defendant was depicted in the video" ( People v Reddick , 164 AD3d 526 , 527 [2d Dept 2018], lv denied 32 NY3d 1114 [2018]; see People v Oquendo , 152 AD3d 1220, 1221 [4th Dept 2017], lv denied 30 NY3d 982 [2017]).
discussed
Cited "see"
People v. Smith
Exhibit 25 was properly authenticated by the testimony of a witness to the recorded events ( see People v Wemette , 285 AD2d 729, 730 [3d Dept 2001], lv denied 97 NY2d 689 [2001]; see generally People v Patterson , 93 NY2d 80, 84 [1999]), and exhibit 26 was properly authenticated by one of the operators or maintainers of the equipment ( see People v Oquendo , 152 AD3d 1220, 1220-1221 [4th Dept 2017], lv denied 30 NY3d 982 [2017]; People v Lee , 80 AD3d 1072, 1073-1074 [3d Dept 2011], lv denied 16 NY3d 832 [2011]; see generally Patterson , 93 NY2d at 84 ).
discussed
Cited "see"
People v. Tetro
Although the court, at times, criticized defense counsel's conduct in the presence of the jury and made some intemperate remarks "that would better have been left unsaid," we conclude upon our review of the record as a whole that "the jury was not prevented from arriving at an impartial judgment on the merits" ( Moulton , 43 NY2d at 946 ; see People v Oquendo , 152 AD3d 1220, 1220 [4th Dept 2017], lv denied 30 NY3d 982 [2017]; People v Majors , 64 AD3d 1085, 1087 [3d Dept 2009], lv denied 13 NY3d 860 [2009]; People v Martinez , 35 AD3d 156, 157 [1st Dept 2006], lv denied 8 NY3d 924 [2007]).
discussed
Cited "see"
People v. Graham
Here, "there was no basis for concluding that the [officer] was more likely than the jury to correctly determine whether the defendant was depicted in the video" ( People v Reddick , 164 AD3d 526 , [*2]527 [2d Dept 2018], lv denied 32 NY3d 1114 [2018]; see People v Oquendo , 152 AD3d 1220, 1221 [4th Dept 2017], lv denied 30 NY3d 982 [2017]).
discussed
Cited "see"
People v. Valentin
Viewing the evidence in a neutral light and deferring to the jury's "opportunity to view the witnesses, hear the testimony and observe demeanor," we are satisfied that, although the CI did not testify, defendant's convictions are supported by the weight of the evidence ( People v Romero , 7 NY3d 633 , 644 [2006] [internal quotation marks and citation omitted]; see People v Pearson , 151 AD3d 1455 , 1456 [2017], lv denied 30 NY3d 982 [2017]; People v Gethers , 151 AD3d 1398 , 1399-1400 [2017], lv denied 30 NY3d 980 [2017]; People v Wilkins , 75 AD3d 847 , 849 [2010], lv denied 15 NY3d 857 [2010…
discussed
Cited "see"
People v. Edmonds
We also reject defendant's contention that the Walmart store surveillance footage was not properly authenticated and, thus, should not have been admitted into evidence. "[A] videotape may be authenticated by the testimony of a witness to the recorded events or of an operator or installer or maintainer of the equipment that the videotape accurately represents the subject matter depicted" ( People v Patterson , 93 NY2d 80, 84 [1999]; accord People v Oquendo , 152 AD3d 1220, 1221 [2017], lv denied 30 NY3d 982 [2017]).
discussed
Cited "see, e.g."
People v. Williams
"No 'particular litany' is required for a waiver of the right to appeal to be valid" ( People v Wood , 217 AD3d 1407, 1408 [4th Dept 2023], lv denied 40 NY3d 1000 [2023], quoting People v Lopez , 6 NY3d 248, 256 [2006]; see also People v Parker , 151 AD3d 1876 , 1876 [4th Dept 2017], lv denied 30 NY3d 982 [2017]).
discussed
Cited "see, e.g."
People v. Hoose
(2×)
"No 'particular litany' is required for a waiver of the right to appeal to be valid" ( People v Wood , 217 AD3d 1407, 1408 [4th Dept 2023], lv denied 30 NY3d 1000 [2023], quoting People v Lopez , 6 NY3d 248, 256 [2006] ; see also People v Parker , 151 AD3d 1876, 1876 [4th Dept 2017], lv denied 30 NY3d 982 [2017]).
Retrieving the full opinion text from the archive…
People
v.
Durval Parker
v.
Durval Parker
Court for the Trial of Impeachments and Correction of Errors.
Oct 19, 2017.
Wilson.
Published
Wilson, J.
Denied.