record discloses defense (New York) · Go Syfert
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record discloses defense in New York

36 New York opinions name it 1 courts 1898–2021 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.

Followed or applied (29)

CaseFollowedCited
People v. Baldigreen
ny · 1981 · cited in 3 New York opinions naming this issue, 1983–2021
2 sentences

2021Thus, viewing the evidence, the law, and the circumstances of the case in totality and as of the time of the representation, we conclude that defendant received meaningful representation ( see People v Tetro , 175 AD3d 1784 , 1786 [4th Dept 2019]; People v Withrow , 170 AD3d 1578 , 1579 [4th Dept 2019], lv denied 34 NY3d 940 [2019], reconsideration denied 34 NY3d 1020 [2019]; see generally Baldi , 54 NY2d at 147 ).

1983Moreover, the record discloses that defense counsel did, in fact, provide the defendant with meaningful representation (see People v Baldi, 54 NY2d 137 ; People v Lakes, 86 AD2d 618 ).

23
People v. Anthonygreen
nyappdiv · 2017 · cited in 2 New York opinions naming this issue, 2018–2018
2 sentences

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

22
People v. Hookgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2018–2018
2 sentences

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

22
Matter of Dushain v. Annuccigreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Contrary to petitioner's claim, the record discloses that the hearing was timely commenced within seven days of the misbehavior report that resulted in his confinement ( see 7 NYCRR 251-5.1 [a]; Matter of Dushain v Annucci , 152 AD3d 1120, 1121 [2017]).

11
People v. Abaregreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

11
People v. Ackermangreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

11
People v. Bowmangreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

11
The People v. Louis Speaksgreen
ny · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We find that “the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defense counsel] provided meaningful representation” (People v Baldi, 54 NY2d 137, 147 [1981]; accord People v Speaks, 28 NY3d 990, 992 [2016]; People v Kalina, 149 AD3d 1264, 1267 [2017], lv denied 29 NY3d 1092 [2017]).

11
People v. Kalinagreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We find that “the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defense counsel] provided meaningful representation” (People v Baldi, 54 NY2d 137, 147 [1981]; accord People v Speaks, 28 NY3d 990, 992 [2016]; People v Kalina, 149 AD3d 1264, 1267 [2017], lv denied 29 NY3d 1092 [2017]).

11
Tafari v. Fischergreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We have considered petitioner’s remaining contentions, including his claim that he was improperly denied the right to call witnesses, including an unidentified investigator from the Inspector General’s office concerning petitioner’s unresolved grievances, and find them to be unavailing (see Matter of Tafari v Fischer, 93 AD3d 1054, 1054-1055 [2012], lv dismissed 19 NY3d 1007 [2012]; compare Matter of Lopez v Fischer, 100 AD3d 1069, 1069 [2012]).

11
Lopez v. Fischergreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We have considered petitioner’s remaining contentions, including his claim that he was improperly denied the right to call witnesses, including an unidentified investigator from the Inspector General’s office concerning petitioner’s unresolved grievances, and find them to be unavailing (see Matter of Tafari v Fischer, 93 AD3d 1054, 1054-1055 [2012], lv dismissed 19 NY3d 1007 [2012]; compare Matter of Lopez v Fischer, 100 AD3d 1069, 1069 [2012]).

11
Harding v. Prackgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Furthermore, the record discloses that the hearing was conducted in a fair and impartial manner, and there is nothing to suggest that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]; Matter of Harding v Prack, 118 AD3d 1231, 1232 [2014]).

11
Paddyfote v. Fischergreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Furthermore, the record discloses that the hearing was conducted in a fair and impartial manner, and there is nothing to suggest that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]; Matter of Harding v Prack, 118 AD3d 1231, 1232 [2014]).

11
Jones v. Bellamygreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In view of this, we cannot conclude that the denial of petitioner’s grievance was arbitrary, capricious or irrational (see Matter of Jones v Bellamy, 80 AD3d 1029, 1030 [2011]).

11
Hynes v. Goordgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Likewise, there is no merit to petitioner’s claim that he was denied adequate employee assistance inasmuch as the assistant could not produce documents that did not exist (see Matter of Roye v Goord, 34 AD3d 1134 [2006]; Matter of Hynes v Goord, 30 AD3d 652, 653 [2006]).

11
Davis v. Goordgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Contrary to petitioner’s claim, the record discloses that the hearing was commenced and completed in a timely manner insofar as appropriate extensions were obtained by the Hearing Officer (see Matter of Davis v Goord, 34 AD3d 1027,1028 [2006]; Matter of Berry v Goord, 13 AD3d 947 [2004]; see also 7 NYCRR 251-5.1 [a], [b]).

11
Evans v. Goordgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Moreover, our review of the record discloses that the hearing was conducted in a fair and impartial manner and the determination did not flow from any alleged bias on the part of the Hearing Officer (see Matter of Evans v Goord, 41 AD3d 1127, 1128 [2007] ).

11
Salaam v. Goordgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2005–2005
11
Goncalves v. Donnellygreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2005–2005
11
People v. Scottgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2005–2005
11
Marsala v. New York State & Local Employees' Retirement Systemsgreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Moreover, the detailed misbehavior report and the testimony of the correction officer who authored it, together with the testimony of the other correction officers on duty on the night of the incident, provide substantial evidence of petitioner’s guilt (see Matter of Knight v McGinnis, 14 AD3d 984, 984 [2005]; Matter of Goncalves v Donnelly, 9 AD3d 721, 721 [2004]).

11
Odome v. Goordgreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Initially, petitioner’s contention that the Hearing Officer was biased is unpersuasive as the record discloses that the hearing was conducted in a fair and impartial manner and there is no indication that the determination flowed from any alleged bias (see Matter of Odome v Goord, 14 AD3d 975, 976 [2005]; Matter of Salaam v Goord, 8 AD3d 776, 777 [2004]).

11
Johnson v. Goordgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
11
People v. Hobotgreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2003–2003
11
People v. Johnsongreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2003–2003
11
People v. Powellgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2003–2003
11
People v. Noblegreen
nyappdiv · 1994 · cited in 1 New York opinions naming this issue, 1996–1996
11
In re Feldmangreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 1996–1996
11
Pell v. Board of Educationgreen
ny · 1974 · cited in 1 New York opinions naming this issue, 1995–1995
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 (50)

CaseCitedYears
People v. FACEN green
ny · 2011
2 sentences

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

2018As such, we find no merit in defendant's assertion that he was deprived of meaningful representation ( see People v Anthony , 152 AD3d at 1053-1054; People v Hook , 80 AD3d 881, 883-884 [2011], lv denied 17 NY3d 806 [2011]).

22018–2018
People v. Horan green
nyappdiv · 2002
2 sentences

2002With regard to defendant’s postconviction motion, the record discloses that defense counsel provided meaningful representation and there is nothing to demonstrate that any of the alleged deficiencies in the assistance provided by counsel prejudiced defendant (see People v Horan, 290 AD2d 880, 884-886 ).

2002With regard to defendant’s postconviction motion, the record discloses that defense counsel provided meaningful representation and there is nothing to demonstrate that any of the alleged deficiencies in the assistance provided by counsel prejudiced defendant (see, People v Horan, 290 AD2d 880, 884-886 ).

22002–2002
People v. Droz green
ny · 1976
2 sentences

1985Nonetheless, the record discloses that the defense attorney was familiar with the case, put up a vigorous defense and displayed a good working knowledge of basic principles of criminal law and procedure (see, People v Droz, 39 NY2d 457 ; People v Haire, 96 AD2d 1110 ).

1980Considered as a whole we are not persuaded that he failed to exhibit the required "reasonable competence.” (See People v Aiken, 45 NY2d 394 ; cf. People v Droz, 39 NY2d 457, 462 ; People v La Bree, 34 NY2d 257 ; People v Bennett, 29 NY2d 462 .) Nor do we agree that defendant was denied a fair trial by various actions of the Assistant District Attorney challenged on this appeal.

21980–1985
Zheng v. City of New York green
ny · 2012
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

12018–2018
People v. Beharry green
ny · 2016
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

12018–2018
Trimble v. State green
ny · 2017
1 sentence

2018Accordingly, defendant did not receive the ineffective assistance of counsel ( see People v Ackerman , 141 AD3d 948, 950-951 [2016], lv denied 28 NY3d 1181 [2017]; People v Bowman , 139 AD3d 1251, 1252-1253 [2016], lv denied 28 NY3d 927 [2016]; People v Abare , 86 AD3d 803, 806 [2011], lv denied 19 NY3d 861 [2012]).

12018–2018
People v. Grefer green
ny · 2017
1 sentence

2017We find that “the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defense counsel] provided meaningful representation” (People v Baldi, 54 NY2d 137, 147 [1981]; accord People v Speaks, 28 NY3d 990, 992 [2016]; People v Kalina, 149 AD3d 1264, 1267 [2017], lv denied 29 NY3d 1092 [2017]).

12017–2017
People ex rel. Burr v. Rock neutral
ny · 2012
1 sentence

2016We have considered petitioner’s remaining contentions, including his claim that he was improperly denied the right to call witnesses, including an unidentified investigator from the Inspector General’s office concerning petitioner’s unresolved grievances, and find them to be unavailing (see Matter of Tafari v Fischer, 93 AD3d 1054, 1054-1055 [2012], lv dismissed 19 NY3d 1007 [2012]; compare Matter of Lopez v Fischer, 100 AD3d 1069, 1069 [2012]).

12016–2016
Becker v. Goord green
nyappdiv · 2004
1 sentence

2008Contrary to petitioner’s claim, the record discloses that the hearing was commenced and completed in a timely manner insofar as appropriate extensions were obtained by the Hearing Officer (see Matter of Davis v Goord, 34 AD3d 1027,1028 [2006]; Matter of Berry v Goord, 13 AD3d 947 [2004]; see also 7 NYCRR 251-5.1 [a], [b]).

12008–2008
Stewart v. Hartnett green
nyappdiv · 2006
1 sentence

2008Likewise, there is no merit to petitioner’s claim that he was denied adequate employee assistance inasmuch as the assistant could not produce documents that did not exist (see Matter of Roye v Goord, 34 AD3d 1134 [2006]; Matter of Hynes v Goord, 30 AD3d 652, 653 [2006]).

12008–2008
People v. Bingham green
nyappdiv · 2004
1 sentence

2005Lastly, we decline to review defendant’s challenge to the severity of his sentence given his voluntary, intelligent and knowing plea and waiver of the right to appeal (see People v Travis, 12 AD3d 784 [2004]; People v Scott, supra at 718 ).

12005–2005
Matter of Shapiro Realty Co. v. New York State Div. of Hous. & Community Renewal green
ny · 2004
12004–2004
Concourse Nursing Home v. State green
ny · 2004
12004–2004
Jackson v. Portuondo green
nyappdiv · 2001
12004–2004
Dunavin v. Travis green
nyappdiv · 2003
12004–2004
People v. Mejias green
nyappdiv · 2002
12003–2003
People v. Diaz green
nyappdiv · 1997
12002–2002
People v. Hanley green
nyappdiv · 1998
12002–2002
People v. Decker neutral
nyappdiv · 1996
12000–2000
People v. Hayes green
nyappdiv · 1998
12000–2000
People v. Barber green
nyappdiv · 1996
11999–1999
Bryant v. Mann neutral
nyappdiv · 1993
11997–1997
People v. English green
nyappdiv · 1995
11997–1997
People v. Washington green
nyappdiv · 1996
11997–1997
People v. Keller green
nyappdiv · 1997
11997–1997
People v. Fish green
nyappdiv · 1997
11997–1997
People v. Feliciano green
nyappdiv · 1997
11997–1997
People v. Strempack green
nyappdiv · 1987
11996–1996
People v. Strempack green
ny · 1988
11996–1996
Ortiz v. Coughlin green
nyappdiv · 1993
11996–1996
People v. Hilts green
nyappdiv · 1996
11996–1996
Gunn v. Blum green
nyappdiv · 1980
11995–1995
Matter of Currier v. Planning Bd. of the Town of Huntington green
ny · 1980
11995–1995
Marx v. Planning Board of Mill Neck green
nyappdiv · 1992
11995–1995
Koncelik v. Planning Board green
nyappdiv · 1992
11995–1995
Sang Moon Kim v. Ambach green
nyappdiv · 1979
11992–1992
People v. Delfs neutral
nyappdiv · 1963
11992–1992
People v. Macerola green
ny · 1979
11987–1987
People v. Haire green
nyappdiv · 1983
11985–1985
Patterson v. New York green
scotus · 1977
11984–1984

Statutes the citing opinions construe

NY § N.Y. Penal Law § 10.00 (4)

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.

Where else courts name it

NY 36 (1898–2021) CA 36 (1921–2022) TX 29 (1886–2011) IL 25 (1892–2015) WA 16 (1949–2017) KS 13 (1904–1980) MA 10 (1925–1994) MI 10 (1936–2018) AL 10 (1914–2003) MD 9 (1967–2012) FL 8 (1959–1992) NC 8 (1905–2020) ME 7 (1957–2011) PA 7 (1915–1986) OH 6 (1923–2021) CT 5 (1988–2019) IN 5 (1915–1982) ID 5 (1921–2014) GA 5 (1911–1985) OK 5 (1908–1942) MO 4 (1905–1978) NE 3 (1895–1950) RI 3 (1981–2013) MN 3 (1910–1975) LA 3 (1929–2008) OR 3 (1924–2025) VT 2 (1940–1951) AZ 2 (1966–1966) VA 2 (1973–1996) ND 2 (1898–1990) MT 2 (1910–1922)

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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