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5 New York opinions name it 1 courts 2005–2023 1 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. Costagreen2 sentences2016People v Costa, 256 AD2d 809, 809 [1998], lv denied 93 NY2d 872 [1999]). 2016People v Costa, 256 AD2d 809, 809 [1998], lv denied 93 NY2d 872 [1999]). | 2 | 2 |
People v. Dorygreen2 sentences2016Specifically, County Court instructed that the jury “must always be satisfied that the surrounding or collateral facts have been proven beyond a reasonable doubt” and that any inference made “must flow reasonably and naturally from the facts proven [and] be consistent with all such facts proven.” The court further advised the jury that “ [i]t must appear that the inference of guilt is the only one that can be fairly and reasonably drawn from the facts and that the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence.” In this regard, although the court did not r 2016Specifically, County Court instructed that the jury “must always be satisfied that the surrounding or collateral facts have been proven beyond a reasonable doubt” and that any inference made “must flow reasonably and naturally from the facts proven [and] be consistent with all such facts proven.” The court further advised the jury that “ [i]t must appear that the inference of guilt is the only one that can be fairly and reasonably drawn from the facts and that the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence.” In this regard, although the court did not r | 2 | 2 |
People v. Stroudgreen1 sentence2023The record reflects that County Court took appropriate action by [*5]instructing the jury to entirely disregard its initial charge before providing the appropriate pattern criminal jury instruction ( cf. People v Mink , 284 AD2d 575 , 578 [3d Dept 2001], lv denied 96 NY2d 922 [2001]), and, as there is no indication that the jury was in any way confused by the charge, defendant's claim amounts to nothing more than speculation ( see People v Stroud , 55 AD3d 1047, 1048 [3d Dept 2008]; People v Washington , 233 AD2d 684, 687 [3d Dept 1996], lv denied 89 NY2d 1042 [1997]). | 1 | 1 |
People v. Ottgreen1 sentence2023Defendant's contention that he was entitled to an adverse inference instruction owing to the People's purported failure to turn over any GPS data from his cellular phone is also unsupported, as the record provides no indication that the People were in possession of such evidence ( see People v Bonaparte , 196 AD3d 866, 869-870 [3d Dept 2021], lv denied 37 NY3d 1025 [2021]; People v Wheeler , 124 AD3d 1136, 1140 [3d Dept 2015], lv denied 25 NY3d 993 [2015]).We also reject defendant's contention that he was entitled to lesser included offense jury instructions for manslaughter in the first and s | 1 | 1 |
People v. Bonapartegreen1 sentence2023Defendant's contention that he was entitled to an adverse inference instruction owing to the People's purported failure to turn over any GPS data from his cellular phone is also unsupported, as the record provides no indication that the People were in possession of such evidence ( see People v Bonaparte , 196 AD3d 866, 869-870 [3d Dept 2021], lv denied 37 NY3d 1025 [2021]; People v Wheeler , 124 AD3d 1136, 1140 [3d Dept 2015], lv denied 25 NY3d 993 [2015]).We also reject defendant's contention that he was entitled to lesser included offense jury instructions for manslaughter in the first and s | 1 | 1 |
People v. Washingtongreen1 sentence2023The record reflects that County Court took appropriate action by [*5]instructing the jury to entirely disregard its initial charge before providing the appropriate pattern criminal jury instruction ( cf. People v Mink , 284 AD2d 575 , 578 [3d Dept 2001], lv denied 96 NY2d 922 [2001]), and, as there is no indication that the jury was in any way confused by the charge, defendant's claim amounts to nothing more than speculation ( see People v Stroud , 55 AD3d 1047, 1048 [3d Dept 2008]; People v Washington , 233 AD2d 684, 687 [3d Dept 1996], lv denied 89 NY2d 1042 [1997]). | 1 | 1 |
People v. Wheelergreen1 sentence2023Defendant's contention that he was entitled to an adverse inference instruction owing to the People's purported failure to turn over any GPS data from his cellular phone is also unsupported, as the record provides no indication that the People were in possession of such evidence ( see People v Bonaparte , 196 AD3d 866, 869-870 [3d Dept 2021], lv denied 37 NY3d 1025 [2021]; People v Wheeler , 124 AD3d 1136, 1140 [3d Dept 2015], lv denied 25 NY3d 993 [2015]).We also reject defendant's contention that he was entitled to lesser included offense jury instructions for manslaughter in the first and s | 1 | 1 |
People v. Greengreen1 sentence2015The record reveals, however, that County Court adequately communicated the permissive nature of the inference by reciting the pattern criminal jury instruction nearly verbatim (see CJI2d[NY] Penal Law § 265.15 [4]; People v Green, 119 AD3d 23, 30 [2014], lv denied 23 NY3d 1062 [2014]; People v Wright, 300 AD2d 419 , 419 [2002], lv denied 99 NY2d 621 [2003]; People v Giordano, 296 AD2d 714, 715 [2002], lv denied 99 NY2d 582 [2003]). | 1 | 1 |
People v. Giordanogreen1 sentence2015The record reveals, however, that County Court adequately communicated the permissive nature of the inference by reciting the pattern criminal jury instruction nearly verbatim (see CJI2d[NY] Penal Law § 265.15 [4]; People v Green, 119 AD3d 23, 30 [2014], lv denied 23 NY3d 1062 [2014]; People v Wright, 300 AD2d 419 , 419 [2002], lv denied 99 NY2d 621 [2003]; People v Giordano, 296 AD2d 714, 715 [2002], lv denied 99 NY2d 582 [2003]). | 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 |
|---|---|---|
People v. Crippen
green
1 sentence2023The record reflects that County Court took appropriate action by [*5]instructing the jury to entirely disregard its initial charge before providing the appropriate pattern criminal jury instruction ( cf. People v Mink , 284 AD2d 575 , 578 [3d Dept 2001], lv denied 96 NY2d 922 [2001]), and, as there is no indication that the jury was in any way confused by the charge, defendant's claim amounts to nothing more than speculation ( see People v Stroud , 55 AD3d 1047, 1048 [3d Dept 2008]; People v Washington , 233 AD2d 684, 687 [3d Dept 1996], lv denied 89 NY2d 1042 [1997]). | 1 | 2023–2023 |
People v. Wright
green
1 sentence2015The record reveals, however, that County Court adequately communicated the permissive nature of the inference by reciting the pattern criminal jury instruction nearly verbatim (see CJI2d[NY] Penal Law § 265.15 [4]; People v Green, 119 AD3d 23, 30 [2014], lv denied 23 NY3d 1062 [2014]; People v Wright, 300 AD2d 419 , 419 [2002], lv denied 99 NY2d 621 [2003]; People v Giordano, 296 AD2d 714, 715 [2002], lv denied 99 NY2d 582 [2003]). | 1 | 2015–2015 |
People v. Longshore
green
2 sentences2005Counsel also explained that the pattern criminal jury instruction had been revised to include this language following the Court of Appeals decision in People v Longshore ( 86 NY2d 851 [1995]). 2005Counsel also explained that the pattern criminal jury instruction had been revised to include this language following the Court of Appeals decision in People v Longshore ( 86 NY2d 851 [1995]). | 1 | 2005–2005 |
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.