34 New York opinions name it 6 courts 1953–2025 5 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. Woodgreen2 sentences2016(See People v Smith, 79 NY2d 309, 312 [1992]; see also Morgenthau v Khalil, 73 AD3d 509, 510 [1st Dept 2010]; People v Wood, 58 AD3d 242, 252-253 [1st Dept 2008], lv denied 12 NY3d 823 [2009].) C. 2010People v Wood, 58 AD3d 242, 252-253 [2008], lv denied 12 NY3d 823 [2009], citing, inter alia, People v Finkelstein, 9 NY2d 342, 344-345 [1961]). | 2 | 2 |
Houbigant, Inc. v. Deloitte & Touche, LLPgreen2 sentences2009The fraud claim against Advisors was sufficiently pleaded, since the scienter requirement was satisfied by the allegations that Advisors was aware that the Express IRAs were poor investments, yet continued to market them, without proper disclosure about the fees and extra expenses they would entail (see Houbigant, Inc. v Deloitte & Touche, 303 AD2d 92, 97 [2003]). 2007The scienter requirement is satisfied by Biderman’s allegations that the Lipper parties’ own audits, conducted after Strafaci left, indicated that PwC had discovered significant discrepancies in Strafaci’s valuations, and was aware of the information that contradicted its own opinions, but nevertheless continued to issue clean audit opinions and failed to inform Biderman or the other Lipper parties of the discrepancies (see Houbigant, Inc. v Deloitte & Touche, 303 AD2d 92, 97 [2003]). | 2 | 2 |
People v. Gonzalezgreen2 sentences2016The absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of the Pennsylvania burglary conviction as the basis of the defendant’s predicate felony adjudication (see People v Schaner, 133 AD2d 582 [1987]; see also People v Gonzalez, 61 NY2d 586, 589 [1984]; People v Ballinger, 99 AD3d 931 [2012]; People v White, 96 AD2d 541 [1983]). 1987The absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of these Pennsylvania burglary convictions as the basis of defendant’s predicate felony adjudication (see, People v Gonzalez, 61 NY2d 586, 589 ). | 1 | 2 |
People v. Iveygreen2 sentences1999“Prior to Ryan * * * it was generally accepted by the trial and intermediate appellate courts of this State [that an adequate charge was] * * * that the People had to prove * * * ‘that such cocaine knowingly and unlawfully possessed by the defendant was of an aggregate weight of two or more * * * ounces’ * * * [A charge in such terms had] no suggestion at any point * * * that the scienter requirement of knowledge applied to the weight of the drugs.” (People v Ivey, 204 AD2d 16, 17-18 [1st Dept 1994].) However, Ryan required scienter and while this court might have left its charge undisturbed, 1994In the absence of an objection to the court’s charge, which did not apply the scienter requirement to the weight element of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]), defendant’s claim that the evidence was legally insufficient to prove his knowledge of the weight of the drugs (see, People v Ryan, 82 NY2d 497 ) has not been preserved for our review, and we decline to address it in the interest of justice (see, People v Ivey, 204 AD2d 16 [decided herewith]). | 1 | 2 |
Montera v. KMR Amsterdam LLCgreen1 sentence2025Based on the foregoing, plaintiff sufficiently established fraud either under the higher common law standard and certainly under the lower "totality of circumstances" standard (see Hess v EDR Assets LLC, 217 AD3d 542 , 543 [1st Dept 2023] [the defendants' failure to re-register the units in the building as rent stabilized for years after Roberts and Gersten, and entering into leases that waive any protections of rent regulations supports a finding of the scienter requirement for fraud]; see also Montera, 193 AD3d at 109 [the defendant's action to re-register the apartment with DHCR after eight | 1 | 1 |
Gaidon v. Guardian Life Insurance of Americagreen1 sentence2018Co. of Am . ( 96 NY2d 201, 208 [2001] [ Gaidon II ]), which reasoned that CPLR 214 (2) applies to claims under General Business Law § 349 because that statute both lacks a scienter requirement and encompasses a wider range of deceptive business practices than were condemned at common law. | 1 | 1 |
People v. Floresgreen1 sentence2018Upon our review of Pennsylvania statutory and case law, "there is no element in the Pennsylvania statute comparable to the element in the analogous New York statute that an intruder knowingly' enter or remain unlawfully in the premises . . . [and t]he absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of the Pennsylvania burglary conviction as the basis of the defendant's predicate felony adjudication" ( People v Flores , 143 AD3d 840, 840 [2d Dept 2016]; see generally People v Helms , 30 NY3d 259 , 263-264 [2017]). | 1 | 1 |
People v. Nieves-Rojasgreen1 sentence2018We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court to resentence defendant ( see People v Nieves-Rojas , 126 AD3d 1373, 1373-1374 [4th Dept 2015]). | 1 | 1 |
Morgenthau v. Khalilgreen1 sentence2016(See People v Smith, 79 NY2d 309, 312 [1992]; see also Morgenthau v Khalil, 73 AD3d 509, 510 [1st Dept 2010]; People v Wood, 58 AD3d 242, 252-253 [1st Dept 2008], lv denied 12 NY3d 823 [2009].) C. | 1 | 1 |
People v. Smithgreen1 sentence2016(See People v Smith, 79 NY2d 309, 312 [1992]; see also Morgenthau v Khalil, 73 AD3d 509, 510 [1st Dept 2010]; People v Wood, 58 AD3d 242, 252-253 [1st Dept 2008], lv denied 12 NY3d 823 [2009].) C. | 1 | 1 |
People v. Cottongreen1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 1 |
Elonis v. United Statesgreen2 sentences2016Elonis noted that “a ‘reasonable person’ standard is a familiar feature of civil liability in tort law, but is inconsistent with ‘the conventional requirement for criminal con duct—awareness of some wrongdoing.’ Having liability turn on whether a ‘reasonable person’ regards the communication as a threat—regardless of what the defendant thinks—‘reduces culpability on the all-important element of the crime to negligence,’ and we ‘have long been reluctant to infer that a negligence standard was intended in criminal statutes.’ ” (575 US at —, 135 S Ct at 2011 , 192 L Ed 2d at 15 [citations omitted 2016Elonis noted that “a ‘reasonable person’ standard is a familiar feature of civil liability in tort law, but is inconsistent with ‘the conventional requirement for criminal con duct—awareness of some wrongdoing.’ Having liability turn on whether a ‘reasonable person’ regards the communication as a threat—regardless of what the defendant thinks—‘reduces culpability on the all-important element of the crime to negligence,’ and we ‘have long been reluctant to infer that a negligence standard was intended in criminal statutes.’ ” (575 US at —, 135 S Ct at 2011 , 192 L Ed 2d at 15 [citations omitted | 1 | 1 |
| People v. . Perscegreen | 1 | 1 |
| Kansas v. Hendricksgreen | 1 | 1 |
| People v. Finkelsteingreen | 1 | 1 |
| People v. Loverogreen | 1 | 1 |
| Ferdinand v. Crecca & Blairgreen | 1 | 1 |
| Barrett v. Huffgreen | 1 | 1 |
| People v. DiLorenzogreen | 1 | 1 |
| People v. Coegreen | 1 | 1 |
| New York v. Ferbergreen | 1 | 1 |
| United States v. X-Citement Video, Inc.green | 1 | 1 |
| People v. Gordongreen | 1 | 1 |
| Franza v. Careygreen | 1 | 1 |
| Grayned v. City of Rockfordgreen | 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 |
|---|---|---|
Roberts v. Tishman Speyer Properties, L.P.
green
2 sentences2023The evidence shows that defendants did not re-register all units in the building as rent stabilized for years after Roberts ( 13 NY3d 270 )and Gersten v 56 7th Ave. 2023The evidence shows that defendants did not re-register all units in the building as rent stabilized for years after Roberts ( 13 NY3d 270 )and Gersten v 56 7th Ave. | 2 | 2023–2023 |
People v. Wood
green
2 sentences2016(See People v Smith, 79 NY2d 309, 312 [1992]; see also Morgenthau v Khalil, 73 AD3d 509, 510 [1st Dept 2010]; People v Wood, 58 AD3d 242, 252-253 [1st Dept 2008], lv denied 12 NY3d 823 [2009].) C. 2010People v Wood, 58 AD3d 242, 252-253 [2008], lv denied 12 NY3d 823 [2009], citing, inter alia, People v Finkelstein, 9 NY2d 342, 344-345 [1961]). | 2 | 2010–2016 |
Morissette v. United States
green
2 sentences2000(See, Staples v United States, 511 US 600 [1994]; United States v United States Gypsum Co., 438 US 422 [1978]; Morissette v United States, 342 US 246 [1952].) SORA deals with convicted sex offenders and is therefore obviously closely related to the administration of the criminal law. 1984(See United States v Greenbaum, 138 F2d 437; Smith v California, 361 US 147 ; Morissette v United States, 342 US 246 ; People v D'Antonio, 150 App Div 109, 113 .) DISCRIMINATORY ENFORCEMENT In addition, Local Law No. 64 of the City of New York (1983) does not encourage arbitrary and discriminatory enforcement, nor does it provide the police with unfettered discretion. | 2 | 1984–2000 |
People v. Ryan
green
2 sentences1994(See, People v Ryan, 82 NY2d 497 .) Under a charge correctly applying the scienter requirement to the weight of the drugs, the evidence was clearly insufficient to satisfy this element of the crime and a modification is in order. 1994In the absence of an objection to the court’s charge, which did not apply the scienter requirement to the weight element of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]), defendant’s claim that the evidence was legally insufficient to prove his knowledge of the weight of the drugs (see, People v Ryan, 82 NY2d 497 ) has not been preserved for our review, and we decline to address it in the interest of justice (see, People v Ivey, 204 AD2d 16 [decided herewith]). | 2 | 1994–1994 |
Ernst & Ernst v. Hochfelder
green
2 sentences1987In Ernst & Ernst v Hochfelder ( 425 US 185, 201 ) the Supreme Court held there is a scienter requirement for a 10 (b) cause of action. 1982(See Ernst & Ernst v Hochfelder, 425 US 185 .) Nevertheless, if I needed to determine this issue, I would be constrained to follow the authority of Barysh (supra), Concord Fabrics (supra) and Cadplaz Sponsors (supra), adopting a less burdensome standard. | 2 | 1982–1987 |
Smith v. California
green
2 sentences1984(See United States v Greenbaum, 138 F2d 437; Smith v California, 361 US 147 ; Morissette v United States, 342 US 246 ; People v D'Antonio, 150 App Div 109, 113 .) DISCRIMINATORY ENFORCEMENT In addition, Local Law No. 64 of the City of New York (1983) does not encourage arbitrary and discriminatory enforcement, nor does it provide the police with unfettered discretion. 1962(The scienter requirement was emphasized in Smith v. California, 361 U. S. 147 [1959], supra.) It is important to note that the conviction before this court was reached on May 5,1961, 20 days prior to the Court of Appeals decision in People v. Richmond County News (9 N Y 2d 578). | 2 | 1962–1984 |
United States ex rel. Schutte v. Supervalu Inc.
green
1 sentence2025Nor does the United States Supreme Court’s determination in In Schutte v SuperValu, Inc. ( 598 US 739 [2023]), imposing a scienter requirement that mandates consideration of a defendant’s subjective beliefs, compel a different result here, since Lerman adduced no evidence to establish that the Siemens defendants knew or should have known that their proposed configuration of the subject electrical cables constituted a violation of the NYCEC, let alone a fraudulent or deceptive act inimical to the DEP’s interests. | 1 | 2025–2025 |
Hobish v. AXA Equit. Life Ins. Co.
green
1 sentence2025What is the import of prior cases from this Court holding that courts are not limited to the{**43 NY3d at 461} remedies specified under the Martin Act (General Business Law art 23-A) or Executive Law § 63 (12) ( see e.g. | 1 | 2025–2025 |
Loper Bright Enterprises v. Raimondo
green
1 sentence2025Lerman’s reliance upon Loper Bright Enters. v Raimondo ( 603 US 369 [2024]) is completely misplaced. | 1 | 2025–2025 |
People v. Richards
green
1 sentence2016The absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of the Pennsylvania burglary conviction as the basis of the defendant’s predicate felony adjudication (see People v Schaner, 133 AD2d 582 [1987]; see also People v Gonzalez, 61 NY2d 586, 589 [1984]; People v Ballinger, 99 AD3d 931 [2012]; People v White, 96 AD2d 541 [1983]). | 1 | 2016–2016 |
People v. Ballinger
green
1 sentence2016The absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of the Pennsylvania burglary conviction as the basis of the defendant’s predicate felony adjudication (see People v Schaner, 133 AD2d 582 [1987]; see also People v Gonzalez, 61 NY2d 586, 589 [1984]; People v Ballinger, 99 AD3d 931 [2012]; People v White, 96 AD2d 541 [1983]). | 1 | 2016–2016 |
People v. Porter
neutral
1 sentence2016The absence of this scienter requirement from the Pennsylvania burglary statute renders improper the use of the Pennsylvania burglary conviction as the basis of the defendant’s predicate felony adjudication (see People v Schaner, 133 AD2d 582 [1987]; see also People v Gonzalez, 61 NY2d 586, 589 [1984]; People v Ballinger, 99 AD3d 931 [2012]; People v White, 96 AD2d 541 [1983]). | 1 | 2016–2016 |
People v. Roman
green
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
People v. Brown
green
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
People v. Rice
neutral
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
People v. Wolters
green
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
People v. Simon
neutral
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
People v. Battle
neutral
1 sentence2016In light of our determination, we need not reach the defend *841 ant’s contentions that the sentence imposed was excessive or that he received ineffective assistance of counsel in connection with his sentencing (see People v Brown, 113 AD3d 785 [2014]; People v Battle, 305 AD2d 515 [2003]; People v Rivera, 203 AD2d 393 [1994]; People v Roman, 153 AD2d 594 [1989]; see generally People v Cotton, 127 AD3d 778 [2015]; People v Wolters, 41 AD3d 518 [2007]; People v Tejada, 289 AD2d 516 [2001]). | 1 | 2016–2016 |
| People v. Useo green | 1 | 2007–2007 |
| Bonfante v. Golub Corp. green | 1 | 2006–2006 |
| Black Car & Livery Insurance v. H&W Brokerage, Inc. green | 1 | 2006–2006 |
| Staples v. United States green | 1 | 2000–2000 |
| People v. Anyakora green | 1 | 2000–2000 |
| United States v. United States Gypsum Co. green | 1 | 2000–2000 |
| Mishkin v. New York green | 1 | 1998–1998 |
| Ginsberg v. New York green | 1 | 1998–1998 |
| Hamling v. United States green | 1 | 1998–1998 |
| People v. Munoz green | 1 | 1997–1997 |
| People v. Kilpatrick green | 1 | 1994–1994 |
| People v. Gray neutral | 1 | 1994–1994 |
| Di Bella v. United States green | 1 | 1994–1994 |
| People v. Iannelli green | 1 | 1994–1994 |
| People v. Davis green | 1 | 1991–1991 |
| People v. Simon green | 1 | 1991–1991 |
| Blue Chip Stamps v. Manor Drug Stores green | 1 | 1987–1987 |
| Aaron v. Securities & Exchange Commission green | 1 | 1987–1987 |
| Hoffman Estates v. Flipside, Hoffman Estates, Inc. green | 1 | 1984–1984 |
| People v. D'Antonio neutral | 1 | 1984–1984 |
| State Street Trust Co. v. Ernst green | 1 | 1983–1983 |
| Franza v. Carey green | 1 | 1983–1983 |
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.