plan or scheme exception (New York) · Go Syfert
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plan or scheme exception in New York

5 New York opinions name it 2 courts 1973–2019 0 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.

Followed or applied (2)

CaseFollowedCited
People v. Fioregreen
ny · 1974 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Nor was Nguyen’s testimony admissible under the common plan or scheme exception, which requires that “there ex-istí 1 a single inseparable plan encompassing both the charged and the uncharged crimes” (People v Fiore, 34 NY2d 81, 85 [1974]).

2014Nor was Nguyen’s testimony admissible under the common plan or scheme exception, which requires that “there ex-istí 1 a single inseparable plan encompassing both the charged and the uncharged crimes” (People v Fiore, 34 NY2d 81, 85 [1974]).

22
People v. Robinsongreen
ny · 1937 · cited in 1 New York opinions naming this issue, 1973–1973
1 sentence

1973Despite our agreement with the principle that some background testimony is permissible in cases of this nature, we emphasize that, as in People v. Gleason ( 285 App. Div. 278, 281-282 , supra), “ the introduction of such [background] evi-> dence must be carefully monitored by the trial judge, as it is an accommodation that the general rules of evidence must at times make to the exigencies of the particular instance. * * * Every precaution must be taken lest it spill over its barriers and distort the jury’s contemplation of the determinative and critical evidence.” It appears, however, that Ser

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. . Molineux green
ny · 1901
2 sentences

2019Each of the incident reports was either directly relevant to this action or was also properly admitted pursuant to the common plan or scheme exception under Molineux ( 168 NY at 305-313 ).

1974However, even in People v. Fiore (34 N Y 2d 81) the Court of Appeals, while limiting the common plan or scheme doctrine enunciated in People v. Molineux ( 168 N. Y. 264 ), recognized that evidence of a connected but uncharged crime may be admissible as long as it is for a relevant purpose and as long as its introduction was not solely to show criminal propensity.

31973–2019
People v. . Gaffey neutral
ny · 1905
1 sentence

1974(See, e.g., People v. McKinney, 24 N Y 2d 180, 184; People v. Gaffey, 182 N. Y. 257, 262 .) In the case at bar, the connection was obvious, the incidents related having occurred almost immediately prior to the incident which was the subject of the indictment.

11974–1974
People v. . Duffy green
ny · 1914
1 sentence

1973At this point, it is well to point out that this is not a conspiracy case wherein it is “ within the discretion of the trial court to admit evidence which even remotely tended to establish the conspiracy charged ’ ’ (Devoe v. United States, 103 F. 2d 584, 588-589 , cert. den. 308 U. S. 571 ); it is a case wherein a common plan or scheme exception is permitted as in People v. Duffy ( 212 N. Y. 57 ) and People v. Molineux ( 168 N. Y. 264 ).

11973–1973
Devoe v. United States green
ca8 · 1939
1 sentence

1973At this point, it is well to point out that this is not a conspiracy case wherein it is “ within the discretion of the trial court to admit evidence which even remotely tended to establish the conspiracy charged ’ ’ (Devoe v. United States, 103 F. 2d 584, 588-589 , cert. den. 308 U. S. 571 ); it is a case wherein a common plan or scheme exception is permitted as in People v. Duffy ( 212 N. Y. 57 ) and People v. Molineux ( 168 N. Y. 264 ).

11973–1973
Bedell v. United States green
ca8 · 1935
1 sentence

1973Despite our agreement with the principle that some background testimony is permissible in cases of this nature, we emphasize that, as in People v. Gleason ( 285 App. Div. 278, 281-282 , supra), “ the introduction of such [background] evi-> dence must be carefully monitored by the trial judge, as it is an accommodation that the general rules of evidence must at times make to the exigencies of the particular instance. * * * Every precaution must be taken lest it spill over its barriers and distort the jury’s contemplation of the determinative and critical evidence.” It appears, however, that Ser

11973–1973
Devoe v. United States green
scotus · 1939
1 sentence

1973At this point, it is well to point out that this is not a conspiracy case wherein it is “ within the discretion of the trial court to admit evidence which even remotely tended to establish the conspiracy charged ’ ’ (Devoe v. United States, 103 F. 2d 584, 588-589 , cert. den. 308 U. S. 571 ); it is a case wherein a common plan or scheme exception is permitted as in People v. Duffy ( 212 N. Y. 57 ) and People v. Molineux ( 168 N. Y. 264 ).

11973–1973
People v. Gleason green
nyappdiv · 1954
2 sentences

1973Despite our agreement with the principle that some background testimony is permissible in cases of this nature, we emphasize that, as in People v. Gleason ( 285 App. Div. 278, 281-282 , supra), “ the introduction of such [background] evi-> dence must be carefully monitored by the trial judge, as it is an accommodation that the general rules of evidence must at times make to the exigencies of the particular instance. * * * Every precaution must be taken lest it spill over its barriers and distort the jury’s contemplation of the determinative and critical evidence.” It appears, however, that Ser

1973Despite our agreement with the principle that some background testimony is permissible in cases of this nature, we emphasize that, as in People v. Gleason ( 285 App. Div. 278, 281-282 , supra), “ the introduction of such [background] evi-> dence must be carefully monitored by the trial judge, as it is an accommodation that the general rules of evidence must at times make to the exigencies of the particular instance. * * * Every precaution must be taken lest it spill over its barriers and distort the jury’s contemplation of the determinative and critical evidence.” It appears, however, that Ser

11973–1973

Where else courts name it

PA 28 (2014–2025) CT 9 (2003–2021) WA 8 (1990–2019) IN 8 (1979–2013) NC 7 (1985–2012) NY 5 (1973–2019) DE 4 (1988–2025) TX 4 (2005–2013) AL 4 (1993–2009) SC 3 (2001–2021) CA 3 (1959–2024) MD 3 (1981–2026) MO 3 (1991–1995) MN 2 (2008–2014) AZ 2 (1959–1975) SD 2 (1988–2022)

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.

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