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41 New York opinions name it 6 courts 1934–2025 6 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Crimminsgreen2 sentences2022However, even assuming that admission of the statements was error, it was harmless since " 'the proof of [] defendant's guilt, without reference to the error, is overwhelming' and [] there is no 'significant probability . . . that the [factfinder] would have acquitted the defendant had it not been for the error' " ( People v Arafet , 13 NY3d 460, 467 [2009], quoting People v Crimmins , 36 NY2d 230, 241-242 [1975]). 2003Even if, as the defendant alleges, the statements by the defense counsel in the unrelated Syracuse proceedings were sufficient to trigger the defendant’s right to counsel at the lineup (see generally People v LaClere, 76 NY2d 670, 674 [1990]), or that the defendant requested the presence of his attorney at the lineup, under the circumstances of this case, any error was harmless beyond a reasonable doubt in light of the overwhelming evidence of the defendant’s guilt (see People v Crimmins, 36 NY2d 230, 241 [1975]; People v Cross, 216 AD2d 407 [1995]). | 3 | 3 |
People v. Bonillagreen2 sentences2016However, we cannot determine whether, under the totality of the circumstances, defendant was denied effective assistance of counsel, inasmuch as the record fails to establish whether defendant would have entered the guilty plea if he had been properly advised (see People v Molina, 69 AD3d 960, 961 [2010]; see generally People v Bonilla, 6 AD3d 1059, 1060 [2004]). 2016However, we cannot determine whether, under the totality of the circumstances, defendant was denied effective assistance of counsel, inasmuch as the record fails to establish whether defendant would have entered the guilty plea if he had been properly advised (see People v Molina, 69 AD3d 960, 961 [2010]; see generally People v Bonilla, 6 AD3d 1059, 1060 [2004]). | 3 | 3 |
People v. Flinngreen2 sentences2016We agree with defendant that the statements of defense counsel presenting lengthy consecutive sentences as a certainty were erroneous, at least in part, and did not simply “amount to a description of the range of the potential sentences” (People v Flinn, 60 AD3d 1304, 1305 [2009]; cf. People v Bruchanan, 37 AD3d 169, 169 [2007], lv denied 8 NY3d 982 [2007]). 2016We agree with defendant that the statements of defense counsel presenting lengthy consecutive sentences as a certainty were erroneous, at least in part, and did not simply “amount to a description of the range of the potential sentences” (People v Flinn, 60 AD3d 1304, 1305 [2009]; cf. People v Bruchanan, 37 AD3d 169, 169 [2007], lv denied 8 NY3d 982 [2007]). | 2 | 3 |
People v. Mercergreen2 sentences2016However, we cannot determine whether, under the totality of the circumstances, defendant was denied effective assistance of counsel, inasmuch as the record fails to establish whether defendant would have entered the guilty plea if he had been properly advised (see People v Molina, 69 AD3d 960, 961 [2010]; see generally People v Bonilla, 6 AD3d 1059, 1060 [2004]). 2016However, we cannot determine whether, under the totality of the circumstances, defendant was denied effective assistance of counsel, inasmuch as the record fails to establish whether defendant would have entered the guilty plea if he had been properly advised (see People v Molina, 69 AD3d 960, 961 [2010]; see generally People v Bonilla, 6 AD3d 1059, 1060 [2004]). | 2 | 3 |
People v. Bruchanangreen2 sentences2016We agree with defendant that the statements of defense counsel presenting lengthy consecutive sentences as a certainty were erroneous, at least in part, and did not simply “amount to a description of the range of the potential sentences” (People v Flinn, 60 AD3d 1304, 1305 [2009]; cf. People v Bruchanan, 37 AD3d 169, 169 [2007], lv denied 8 NY3d 982 [2007]). 2016We agree with defendant that the statements of defense counsel presenting lengthy consecutive sentences as a certainty were erroneous, at least in part, and did not simply “amount to a description of the range of the potential sentences” (People v Flinn, 60 AD3d 1304, 1305 [2009]; cf. People v Bruchanan, 37 AD3d 169, 169 [2007], lv denied 8 NY3d 982 [2007]). | 2 | 3 |
Elias v. Rolling Stone LLCgreen2 sentences2019The "allegations" that defendant's statements attack as false and politically motivated and the "events" the statements claim "never happened" are easily understood as relating to plaintiff's accusations, as well as the accusations by other women who had come forward by that time ( see Elias v Rolling Stone , 872 F3d 97, 108 [2d Cir 2017]). 2019The "allegations" that defendant's statements attack as false and politically motivated and the "events" the statements claim "never happened" are easily understood as relating to plaintiff's accusations, as well as the accusations by other women who had come forward by that time ( see Elias v Rolling Stone , 872 F3d 97, 108 [2d Cir 2017]). | 2 | 2 |
People v. Merrillgreen2 sentences2016People v Merrill , 87 NY2d 948 [1996], revg on dissenting op of Denman, P.J., and Balio, J., 212 AD2d 987, 988 [1995]). 2016People v Merrill, 87 NY2d 948 [1996], revg on dissenting op of Denman, P.J., and Balio, J., 212 AD2d 987, 988 [1995]). | 2 | 2 |
People v. Amparogreen2 sentences2016While the waiver rule is not triggered by a motion limited to preclude the use of statements on the basis of an untimely notice ( see People v Amparo , 73 NY2d 728, 729 [1988]), where the motion is also to suppress the statements and a hearing on the matter has been held, the defendant has been "afforded . . . the same opportunity for a court to pass upon the admissibility of the statement as he would have had if timely notice had been given," and in such case the waiver rule applies ( id. ; see e.g. 2016While the waiver rule is not triggered by a motion limited to preclude the use of statements on the basis of an untimely notice (see People v Amparo, 73 NY2d 728, 729 [1988]), where the motion is also to suppress the statements and a hearing on the matter has been held, the defendant has been “afforded . . . the same opportunity for a court to pass upon the admissibility of the statement as he would have had if timely notice had been given,” and in such case the waiver rule applies (id.; see e.g. | 2 | 2 |
The People v. Richard Garcia / The People v. Joshue DeJesusgreen2 sentences2025It was certainly more adequate than saying "[w]e don't have that witness here"—a statement we have previously found sufficient to preserve a Confrontation Clause challenge ( People v Garcia , 25 NY3d 77, 82 [2015] [internal quotation marks omitted]). 2025It was certainly more adequate than saying "[w]e don't have that witness here"—a statement we have previously found sufficient to preserve a Confrontation Clause challenge ( People v Garcia , 25 NY3d 77, 82 [2015] [internal quotation marks omitted]). | 1 | 1 |
People v. Anthonygreen1 sentence2022This argument is not properly before us because defendant's CPL article 440 motion did not raise his current argument in support of the request for a judicial subpoena ( see People v Stanley , 189 AD3d 1818, 1819 [2020]; see generally People v Bastian , 83 AD3d 1468, 1470 [2011], lv denied 17 NY3d 813 [2011]; cf. People v Nusbaum , 222 AD2d 723, 724 [1995], lv denied 87 NY2d 1023 [1996]). | 1 | 1 |
People v. Arafetgreen1 sentence2022However, even assuming that admission of the statements was error, it was harmless since " 'the proof of [] defendant's guilt, without reference to the error, is overwhelming' and [] there is no 'significant probability . . . that the [factfinder] would have acquitted the defendant had it not been for the error' " ( People v Arafet , 13 NY3d 460, 467 [2009], quoting People v Crimmins , 36 NY2d 230, 241-242 [1975]). | 1 | 1 |
People v. Bastiangreen1 sentence2022This argument is not properly before us because defendant's CPL article 440 motion did not raise his current argument in support of the request for a judicial subpoena ( see People v Stanley , 189 AD3d 1818, 1819 [2020]; see generally People v Bastian , 83 AD3d 1468, 1470 [2011], lv denied 17 NY3d 813 [2011]; cf. People v Nusbaum , 222 AD2d 723, 724 [1995], lv denied 87 NY2d 1023 [1996]). | 1 | 1 |
People v. Stanleygreen1 sentence2022This argument is not properly before us because defendant's CPL article 440 motion did not raise his current argument in support of the request for a judicial subpoena ( see People v Stanley , 189 AD3d 1818, 1819 [2020]; see generally People v Bastian , 83 AD3d 1468, 1470 [2011], lv denied 17 NY3d 813 [2011]; cf. People v Nusbaum , 222 AD2d 723, 724 [1995], lv denied 87 NY2d 1023 [1996]). | 1 | 1 |
People v. Nusbaumgreen1 sentence2022This argument is not properly before us because defendant's CPL article 440 motion did not raise his current argument in support of the request for a judicial subpoena ( see People v Stanley , 189 AD3d 1818, 1819 [2020]; see generally People v Bastian , 83 AD3d 1468, 1470 [2011], lv denied 17 NY3d 813 [2011]; cf. People v Nusbaum , 222 AD2d 723, 724 [1995], lv denied 87 NY2d 1023 [1996]). | 1 | 1 |
Logue v. Velezgreen1 sentence2021Contrary to the defendants' contention, requiring them to demonstrate that the statements sought to be protected from disclosure were not made by a party does not "extend the statements exception to a point where it would swallow the general rule that materials used by a hospital in quality review and malpractice prevention programs are strictly confidential" ( Logue v Velez , 92 NY2d at 19). | 1 | 1 |
Michael E. Wallace, David Jacaruso and Joseph Scotti v. Daljit S. Buttar and Paramjit Buttar, Robert Winston, Additionalgreen1 sentence2016This claim sufficed as a “barely colorable basis” for the award (Matter of Roffler v Spear, Leeds & Kellogg, 13 AD3d 308, 310 [1st Dept 2004]; see Wallace, 378 F3d at 190 ). | 1 | 1 |
Roffler v. Spear, Leeds & Kellogggreen1 sentence2016This claim sufficed as a “barely colorable basis” for the award (Matter of Roffler v Spear, Leeds & Kellogg, 13 AD3d 308, 310 [1st Dept 2004]; see Wallace, 378 F3d at 190 ). | 1 | 1 |
People v. Nadalgreen1 sentence2012This error can be harmless only if the evidence of guilt, without reference to the error, is overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant’s conviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Windley, 70 AD3d 1060 [2010]; People v Nadal, 57 AD3d 574, 575 [2008]). | 1 | 1 |
| People v. LaCleregreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Easterbrooks v. Schenectady County
green
2 sentences2024On this record, and at this juncture, construing the statements in the claim liberally, claimant has adequately [*6]alleged that defendant was on notice of the dangerous conduct in question ( see Easterbrooks v Schenectady County , 218 AD3d at 970-971 ; compare Berg v State of New York , 228 AD3d 1077 , 1079 [3d Dept 2024]). 2024On this record, and at this juncture, construing the statements in the claim liberally, claimant has adequately [*6]alleged that defendant was on notice of the dangerous conduct in question ( see Easterbrooks v Schenectady County , 218 AD3d at 970-971 ; compare Berg v State of New York , 228 AD3d 1077 , 1079 [3d Dept 2024]). | 2 | 2024–2024 |
People v. Merrill
green
2 sentences2016People v Merrill , 87 NY2d 948 [1996], revg on dissenting op of Denman, P.J., and Balio, J., 212 AD2d 987, 988 [1995]). 2016People v Merrill, 87 NY2d 948 [1996], revg on dissenting op of Denman, P.J., and Balio, J., 212 AD2d 987, 988 [1995]). | 2 | 2016–2016 |
Padilla v. Kentucky
green
2 sentences2012In the context of a Padilla claim, the defendant “must convince the court that a decision to reject the plea bargain would have been rational under the circumstances” (Padilla v Kentucky, 559 US at —, 130 S Ct at 1485 ). 2012In the context of a Padilla claim, the defendant “must convince the court that a decision to reject the plea bargain would have been rational under the circumstances” (Padilla v Kentucky, 559 US at —, 130 S Ct at 1485 ). | 2 | 2012–2012 |
Hill v. Lockhart
green
2 sentences2012Indeed, it would lead to the absurd result that only defendants who understand that criminal convictions can affect their immigration status would be advised of that fact. 2 Accordingly, based upon the averments of the defendant and his wife that defense counsel never mentioned any immigration consequences of a plea of guilty, as well as the statements of defense counsel at sentencing, we conclude that the defend ant sufficiently alleged that his counsel’s performance fell below an objective standard of reasonableness so as to satisfy the first prong of the Strickland standard. 3 To satisfy th 2012Indeed, it would lead to the absurd result that only defendants who understand that criminal convictions can affect their immigration status would be advised of that fact. 2 Accordingly, based upon the averments of the defendant and his wife that defense counsel never mentioned any immigration consequences of a plea of guilty, as well as the statements of defense counsel at sentencing, we conclude that the defend ant sufficiently alleged that his counsel’s performance fell below an objective standard of reasonableness so as to satisfy the first prong of the Strickland standard. 3 To satisfy th | 2 | 2012–2012 |
People v. McDonald
green
2 sentences2012Indeed, it would lead to the absurd result that only defendants who understand that criminal convictions can affect their immigration status would be advised of that fact. 2 Accordingly, based upon the averments of the defendant and his wife that defense counsel never mentioned any immigration consequences of a plea of guilty, as well as the statements of defense counsel at sentencing, we conclude that the defend ant sufficiently alleged that his counsel’s performance fell below an objective standard of reasonableness so as to satisfy the first prong of the Strickland standard. 3 To satisfy th 2012Indeed, it would lead to the absurd result that only defendants who understand that criminal convictions can affect their immigration status would be advised of that fact. 2 Accordingly, based upon the averments of the defendant and his wife that defense counsel never mentioned any immigration consequences of a plea of guilty, as well as the statements of defense counsel at sentencing, we conclude that the defend ant sufficiently alleged that his counsel’s performance fell below an objective standard of reasonableness so as to satisfy the first prong of the Strickland standard. 3 To satisfy th | 2 | 2012–2012 |
People v. Birmingham
neutral
2 sentences2011Contrary to defendant’s contention, the statements of defense counsel in response to defendant’s pro se motion to withdraw his guilty plea were not adverse to defendant ( see People v Guerra-Pena, 46 AD3d 1469 [2007], lv denied 10 NY3d 765 [2008]). 2011Contrary to defendant’s contention, the statements of defense counsel in response to defendant’s pro se motion to withdraw his guilty plea were not adverse to defendant (see People v Guerra-Pena, 46 AD3d 1469 , lv denied 10 NY3d 765 ). | 2 | 2011–2011 |
Unger v. Paul Weiss Rifkind Wharton & Garrison
green
2 sentences2011In any event, even if defendant is correct that the statements were adverse to him, the record conclusively establishes that Supreme Court’s “rejection of [the] motion was not influenced by” those statements (People v Nawabi, 265 AD2d 156 [1999], lv denied 94 NY2d 865 [1999]). 2011In any event, even if defendant is correct that the statements were adverse to him, the record conclusively establishes that Supreme Court’s “rejection of [the] motion was not influenced by” those statements (People v Nawabi, 265 AD2d 156 , lv denied 94 NY2d 865 ). | 2 | 2011–2011 |
People v. Hamlin
green
2 sentences1992While the admission of the codefendants’ statements was error (see, Bruton v United States, 391 US 123 ), the error was harmless, given the overwhelming evidence of the defendant’s guilt, including his own admission (see, People v Hamlin, 71 NY2d 750 ). 1989In any event, although pursuant to the holding of Cruz v New York (supra), decided after the entry of the judgment in this case, the admission of the unredacted codefendants’ statements was error, we find that the error was harmless beyond a reasonable doubt (see, People v Hamlin, 71 NY2d 750 ). | 2 | 1989–1992 |
People v. Consolazio
green
2 sentences1988However, we have held that harmless error analysis is inapplicable to trials held after the Rosario decision (People v Consolazio, 40 NY2d 446 ; People v Mattiace Indus., 52 NY2d 739 ). 1985However, we have held that harmless error analysis is inapplicable to trials held after the Rosario decision (People v Consolazio, 40 NY2d 446 ; People v Mattiace Indus., 52 NY2d 739 ). | 2 | 1985–1988 |
People v. Mattiace Industries, Inc.
green
2 sentences1988However, we have held that harmless error analysis is inapplicable to trials held after the Rosario decision (People v Consolazio, 40 NY2d 446 ; People v Mattiace Indus., 52 NY2d 739 ). 1985However, we have held that harmless error analysis is inapplicable to trials held after the Rosario decision (People v Consolazio, 40 NY2d 446 ; People v Mattiace Indus., 52 NY2d 739 ). | 2 | 1985–1988 |
Gurfein v. Ameritrade, Inc.
green
1 sentence2016Although the motion court erred to the extent it concluded that the underlying account agreements between petitioner and each respondent incorporate FINRA rules by reference and therefore form a basis for a viable breach of contract claim (see Gurfein, 312 Fed Appx at 413 ), the motion court correctly noted that petitioner’s claim is essentially an “overcharge claim.” The statements of claim and other submissions expressly considered by the arbitrator, state that petitioner had charged respondents excessive fees, without notice and contrary to a previously negotiated fee schedule. | 1 | 2016–2016 |
People v. Windley
green
1 sentence2012This error can be harmless only if the evidence of guilt, without reference to the error, is overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant’s conviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Windley, 70 AD3d 1060 [2010]; People v Nadal, 57 AD3d 574, 575 [2008]). | 1 | 2012–2012 |
| People v. Stokes green | 1 | 2004–2004 |
| People v. Santana green | 1 | 2004–2004 |
| People v. Duncan green | 1 | 2004–2004 |
| People v. Caccavale green | 1 | 2004–2004 |
| People v. Gonzalez green | 1 | 2004–2004 |
| People v. Casiano green | 1 | 2004–2004 |
| People v. Cross neutral | 1 | 2003–2003 |
| Weissman v. New York Telephone Co. green | 1 | 2002–2002 |
| Balsz v. A & T Bus Co. green | 1 | 2002–2002 |
| People v. Udzinski green | 1 | 2001–2001 |
| People v. Gray green | 1 | 2001–2001 |
| Baecher v. Baecher green | 1 | 1996–1996 |
| People v. Childress green | 1 | 1994–1994 |
| People v. Bolling green | 1 | 1994–1994 |
| People v. Lewis neutral | 1 | 1993–1993 |
| People v. Novoa green | 1 | 1993–1993 |
| People v. . Molineux green | 1 | 1992–1992 |
| Bruton v. United States green | 1 | 1992–1992 |
| People v. Ramos green | 1 | 1992–1992 |
| People v. Santarelli green | 1 | 1992–1992 |
| People v. Baldi green | 1 | 1992–1992 |
| People v. Lewis green | 1 | 1992–1992 |
| People v. Rivera green | 1 | 1992–1992 |
| People v. Delgado neutral | 1 | 1990–1990 |
| Wong Sun v. United States green | 1 | 1990–1990 |
| People v. Boatman green | 1 | 1990–1990 |
| People v. Haqq neutral | 1 | 1990–1990 |
| Robinson v. Bolsinger neutral | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.