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32 New York opinions name it 7 courts 1897–2025 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. Castrogreen2 sentences2020Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 2019Nonetheless, we reverse the judgment because we find that the Supreme Court inadequately charged the jury regarding the defendant's justification defense. " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 153 AD3d 929, 929 , quoting People v Palmer , 34 AD3d 701, 703 ; see People v Castro , 131 AD2d 771 ). | 4 | 6 |
People v. Rossgreen2 sentences2020Such failure constitutes reversible error ( see People v Ross , 2 AD3d 465, 466 ). 2019Such failure constitutes reversible error ( see People v Ross , 2 AD3d 465, 466 ). | 3 | 6 |
People v. Feuergreen2 sentences2020Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 2020We have repeatedly held that in a case involving a claim of self-defense, the trial [*2] court is required to instruct the jury that a finding of not guilty of a greater charge on the basis of justification precludes a verdict of guilty on lesser included offenses and, therefore, the jury is not to consider any lesser counts ( see People v Smith , 174 AD3d 928 ; People v Braithwaite , 153 AD3d 929 ; People v Feuer , 11 AD3d 633 ). | 2 | 5 |
People v. Braithwaitegreen2 sentences2020Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 2020We have repeatedly held that in a case involving a claim of self-defense, the trial [*2] court is required to instruct the jury that a finding of not guilty of a greater charge on the basis of justification precludes a verdict of guilty on lesser included offenses and, therefore, the jury is not to consider any lesser counts ( see People v Smith , 174 AD3d 928 ; People v Braithwaite , 153 AD3d 929 ; People v Feuer , 11 AD3d 633 ). | 1 | 5 |
People v. Palmergreen2 sentences2020Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 2019Nonetheless, we reverse the judgment because we find that the Supreme Court inadequately charged the jury regarding the defendant's justification defense. " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 153 AD3d 929, 929 , quoting People v Palmer , 34 AD3d 701, 703 ; see People v Castro , 131 AD2d 771 ). | 1 | 4 |
People v. Velezgreen2 sentences2020Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , 2019Although the defendant's contention is partially unpreserved for appellate review, we review the contention in the exercise of our interest of justice jurisdiction ( see CPL 470.15[6][a]; People v Fletcher , 166 AD3d 796 , 797; People v Velez , 131 AD3d 129, 133 ; People v Feuer , 11 AD3d 633, 634 ). " This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts'" ( People v Braithwaite , | 1 | 3 |
FMC Corp. v. Unmackgreen2 sentences2025Div.] v Unmack , 92 NY2d 179, 191 [1998]). 2025Div.] v Unmack , 92 NY2d 179, 191 [1998]). | 1 | 1 |
People v. Arpigreen1 sentence2019Although — as conceded by defendant — this issue is not preserved, we exercise our interest of justice jurisdiction to take corrective action and reverse the judgment of conviction ( see CPL 470.15 [6] [a]; People v Velez , 131 AD3d 129, 133 [2015]; People v Feuer , 11 AD3d 633, 635 [2004]). "[I]n a case involving a claim of self-defense, it is error for the trial court not to instruct the [jury] that, if [it finds] the defendant not guilty of a greater charge on the basis of justification, [it is] not to consider any lesser counts" ( People v Akbar , 169 AD3d 708 , 709-710 [2019] [internal qu | 1 | 1 |
People v. Colasuonnogreen1 sentence2017“This Court has held that, in a case involving a claim of self-defense, it is error for the trial court not to instruct the jurors that, if they find the defendant not guilty of a greater charge on the basis of justification, they were not to consider any lesser counts” (People v Palmer, 34 AD3d 701, 703 [2006]; see People v Colasuonno, 135 AD3d 418 [2016]; People v Velez, 131 AD3d *930 129 [2015]; People v Castro, 131 AD2d 771 [1987]). | 1 | 1 |
Arrastia v. Sbordonegreen1 sentence2006Corp. v Killarney, 225 AD2d 375, 377 [1996]). | 1 | 1 |
Livingston v. Blumenthalgreen2 sentences1988More than 50 years ago, this court unanimously stated, in Livingston v Blumenthal ( 248 App Div 138, 140 [1st Dept 1936]), which was a case involving a claim to recover the reasonable value of legal fees, that "We believe it is appropriate in a case such as this where damages are unliquidated and where the right to a jury trial of the action had not been waived, to direct the assessment of damages by a court and jury”. 1988The decision in Livingston v Blumenthal (supra) is based upon an application of Civil Practice Act § 425, which section is the source of the present CPLR 4101, mentioned supra. As discussed supra, the plaintiff initially made a demand for a jury trial, and then when plaintiff attempted to withdraw that demand, defendant opposed. | 1 | 1 |
Cox v. Louisianagreen1 sentence1981For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.” (Terminiello v Chicago, 337 US 1, 4-5 , supra; see, also, confirmation in Cox v Louisiana, 379 US 536, 551-552 ; Edwards v South Carolina, 372 US 229, 237-238 .) Although First Amendment rights are not absolute, a case involving a challenge to State action upon First Amendment grounds is accorded heightened scrutiny. | 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. Rosario
green
1 sentence2019Such failure constitutes reversible error ( see People v Hop Wah , 171 AD3d 574 , 575 [2019]; People v Braithwaite , 153 AD3d at 930 ; People v Ross , 2 AD3d 465, 466 [2003], lv denied 2 NY3d 745 [2004]). | 1 | 2019–2019 |
Juarez v. Wavecrest Management Team Ltd.
green
1 sentence2002Team, 88 NY2d 628, 646 , supra; Walton v Albany Community Dev. | 1 | 2002–2002 |
cluster 765881
green
1 sentence2001In that action, in which plaintiffs rely on the same DOE regulations invoked here, the Third Circuit held that plaintiffs stated a viable claim by alleging that Pennsylvania’s educational funding system “ ‘gives school districts with high proportions of white students on average more Commonwealth treasury revenues than school districts with high proportions of non-white students, where the levels of student poverty are the same.’ ” (Powell v Ridge, supra, 189 F3d, at 398 .) A similar analysis comparing funding of geographic units was used to find liability under a disparate impact theory in Me | 1 | 2001–2001 |
Meek v. Martinez
green
1 sentence2001In that action, in which plaintiffs rely on the same DOE regulations invoked here, the Third Circuit held that plaintiffs stated a viable claim by alleging that Pennsylvania’s educational funding system “ ‘gives school districts with high proportions of white students on average more Commonwealth treasury revenues than school districts with high proportions of non-white students, where the levels of student poverty are the same.’ ” (Powell v Ridge, supra, 189 F3d, at 398 .) A similar analysis comparing funding of geographic units was used to find liability under a disparate impact theory in Me | 1 | 2001–2001 |
Pace v. Assessor of Islip
green
1 sentence2001(Matter of Pace v Assessor of Town of Islip, supra.) In fact, the respondents, in the pending case, did submit a professional appraisal which was based upon recent sales prices of comparable properties, several of which were located within a block of petitioner’s home. | 1 | 2001–2001 |
Fletcher v. Kidder, Peabody & Co.
green
1 sentence1997However, in 1993 our Court of Appeals, interpreting recent Supreme Court decisions, ruled that the "decision in Wertheim should no longer be followed in cases governed by the FAA” (Fletcher v Kidder, Peabody & Co., 81 NY2d 623, 629 ), which change in policy was stated to apply "even though the dispute itself may arise under State law” (at 630-631). | 1 | 1997–1997 |
In re 1,750 Cases of Liquor
green
1 sentence1997That contention was implicitly rejected by this Court in Matter of 1750 Cases of Liquor ( 231 AD2d 947 , affg 166 Misc 2d 739 ), a case involving a challenge to the seizure of liquor pursuant to tax laws with statutory language analogous to that in section 283 (1). | 1 | 1997–1997 |
In re 1750 Cases of Liquor
neutral
1 sentence1997That contention was implicitly rejected by this Court in Matter of 1750 Cases of Liquor ( 231 AD2d 947 , affg 166 Misc 2d 739 ), a case involving a challenge to the seizure of liquor pursuant to tax laws with statutory language analogous to that in section 283 (1). | 1 | 1997–1997 |
Wertheim & Co. v. Halpert
green
1 sentence1997Discussion In Matter of Wertheim & Co. v Halpert ( 48 NY2d 681 ), a case involving a claim of sex discrimination, it was ruled in 1979 that "[although arbitration is a favored method of dispute resolution, arbitration agreements are unenforceable where substantive rights, embodied by statute, express a strong public policy which must be judicially enforced * * * [and that] [t]his is especially true in the area of discrimination where particular remedies are afforded by both State and Federal statutes” (at 683). | 1 | 1997–1997 |
People v. H. W. S. Holding Corp.
neutral
1 sentence1988Holding Corp., 12 Misc 2d 125 ) and in People v D’Antonio ( 150 App Div 109, 113 ), a case involving a violation of the former Liquor Tax Law wherein defendant failed to remove screens and other obstructions from a tavern window during hours when sale of liquor was prohibited, the court said: '[t]here is no doubt about the general rule that one cannot be convicted of a crime without proving a criminal intent, but this rule has its exceptions. | 1 | 1988–1988 |
Stern, Henry & Co. v. McDermott
green
1 sentence1988Statutes which are in their nature police regulations, as the one here under consideration is, impose criminal penalties, irrespective of any intent and obviously for the purpose of requiring a degree of diligence for the protection of the public against violations.’ ” In Stern, Henry & Co. v McDermott ( 38 Misc 2d 50 , affd 19 AD2d 864 ) plaintiff, a custom house broker, sought a share in the compensation received by defendant attorney in a case forwarded to the lawyer by the plaintiff. | 1 | 1988–1988 |
People v. D'Antonio
neutral
1 sentence1988Holding Corp., 12 Misc 2d 125 ) and in People v D’Antonio ( 150 App Div 109, 113 ), a case involving a violation of the former Liquor Tax Law wherein defendant failed to remove screens and other obstructions from a tavern window during hours when sale of liquor was prohibited, the court said: '[t]here is no doubt about the general rule that one cannot be convicted of a crime without proving a criminal intent, but this rule has its exceptions. | 1 | 1988–1988 |
Kansas City v. McCoy
green
1 sentence1986Kansas City v. McCoy, 525 S.W.2d 336 (Mo. 1975). | 1 | 1986–1986 |
Smith v. Oswald
neutral
1 sentence1982In so ruling, we lastly cite our decision in Matter of Scheiber v Simon & Co. ( 25 AD2d 588 , affd 19 NY2d 619 ), a case involving a claim against a carrier for medical expenses occurring some years after the case in question was closed upon approval of a nonschedule adjustment. | 1 | 1982–1982 |
Matter of Scheiber v. I. Simon & Co.
neutral
1 sentence1982In so ruling, we lastly cite our decision in Matter of Scheiber v Simon & Co. ( 25 AD2d 588 , affd 19 NY2d 619 ), a case involving a claim against a carrier for medical expenses occurring some years after the case in question was closed upon approval of a nonschedule adjustment. | 1 | 1982–1982 |
| Finnegan v. Silverman neutral | 1 | 1981–1981 |
Terminiello v. Chicago
green
1 sentence1981For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.” (Terminiello v Chicago, 337 US 1, 4-5 , supra; see, also, confirmation in Cox v Louisiana, 379 US 536, 551-552 ; Edwards v South Carolina, 372 US 229, 237-238 .) Although First Amendment rights are not absolute, a case involving a challenge to State action upon First Amendment grounds is accorded heightened scrutiny. | 1 | 1981–1981 |
Edwards v. South Carolina
green
1 sentence1981For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.” (Terminiello v Chicago, 337 US 1, 4-5 , supra; see, also, confirmation in Cox v Louisiana, 379 US 536, 551-552 ; Edwards v South Carolina, 372 US 229, 237-238 .) Although First Amendment rights are not absolute, a case involving a challenge to State action upon First Amendment grounds is accorded heightened scrutiny. | 1 | 1981–1981 |
Sylwanowicz v. Konawicz
neutral
1 sentence1981(Grill v Mathieson Alkali Works, 243 App Div 853 .) In Bartolotta v Delco Appliance Corp. ( 254 App Div 809 ), the court found no abuse of discretion to refuse to require the plaintiff to submit to the taking of a barium meal to assist in taking an X ray of plaintiff’s stomach. | 1 | 1981–1981 |
| City of Buffalo v. Cottle neutral | 1 | 1981–1981 |
| Schmidt v. Merchants Despatch Transportation Co. green | 1 | 1979–1979 |
| Gibson v. Johnson green | 1 | 1978–1978 |
| Bradley v. United States green | 1 | 1974–1974 |
| Furman v. Georgia green | 1 | 1974–1974 |
| Harrington v. Tofany neutral | 1 | 1970–1970 |
| Costello v. City of New York neutral | 1 | 1967–1967 |
| City of Little Falls v. State green | 1 | 1965–1965 |
| Village of Canajoharie v. State neutral | 1 | 1965–1965 |
| People v. Robbin neutral | 1 | 1962–1962 |
| Ponsrok v. City of Yonkers green | 1 | 1954–1954 |
| Todd-Buick, Inc. v. Smith neutral | 1 | 1948–1948 |
| Hathaway v. . Johnson green | 1 | 1948–1948 |
| Peterson v. Kirby neutral | 1 | 1948–1948 |
| Skeels v. Paul Smith's Hotel Co. neutral | 1 | 1948–1948 |
| Cottrell v. Albany Card & Paper Manufacturing Co. green | 1 | 1939–1939 |
| Behrman v. Pioneer Pearl Button Co. neutral | 1 | 1933–1933 |
| City of Brooklyn v. Toynbee neutral | 1 | 1897–1897 |
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.