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29 New York opinions name it 3 courts 1980–2021 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.
| Case | Followed | Cited |
|---|---|---|
People v. Stultzgreen2 sentences2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). 2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). | 2 | 3 |
Ortman v. Ortmangreen2 sentences2015We therefore modify the order accordingly, and we remit the matter to Supreme Court for a hearing on that part of the motion (see generally Ortman v Ortman, 265 AD2d 926, 926-927 [1999]). 2015We therefore modify the order accordingly, and we remit the matter to Supreme Court for a hearing on that part of the motion (see generally Ortman v Ortman, 265 AD2d 926, 926-927 [1999]). | 2 | 3 |
Oliver S. v. Chemung County Department of Social Servicesgreen2 sentences2019The court is "not required to conduct an evidentiary hearing where . . . it is clear from the record that the court possesse[s] sufficient information to render an informed determination that [is] consistent with the child[ren's] best interests' " ( Matter of Bogdan v Bogdan , 291 AD2d 909, 909 [4th Dept 2002]; see Matter of Lynda D. v Stacy C. , 37 AD3d 1151, 1151 [4th Dept 2007]; Matter of Oliver S. v Chemung County Dept. of Social Servs. , 162 AD2d 820, 821-822 [3d Dept 1990]). 2008The court is “not required to conduct an evidentiary hearing where . . . it is clear from the record that the court ‘possessed] sufficient information to render an informed determination that [is] consistent with the child[ren’s] best interests’ ” (Matter of Bogdan v Bogdan, 291 AD2d 909 [2002]; see also Matter of Oliver S. v Chemung County Dept. of Social Servs., 162 AD2d 820, 821-822 [1990]). | 2 | 2 |
People v. Maxwellgreen2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2 |
People v. Douglasgreen2 sentences2015Since the defendant’s motion to withdraw his plea of guilty was premised on unsubstantiated and conclusory allegations belied by the record, the Supreme Court properly denied the motion without conducting a hearing (see People v Shorter, 106 AD3d 1115 [2013]; People v Haywood, 97 AD2d 446 [1983]; People v Douglas, 83 AD3d 1092, 1093 [2011]). 2014Since the defendant’s motion to withdraw his plea of guilty was premised on unsubstantiated and conclusory allegations belied by the record, the County Court properly denied the motion without conducting a hearing (see People v Shorter, 106 AD3d 1115 [2013]; People v Douglas, 83 AD3d at 1093 ). | 1 | 3 |
Russo v. Russogreen2 sentences2019We reject the father's contention that Family Court erred in granting the motion without conducting a hearing ( see Matter of Piwowar v Glosek , 53 AD3d 1121, 1122 [4th Dept 2008]; see generally Matter of Russo v Russo , 282 AD2d 610, 610 [2d Dept 2001]). 2008We reject the father’s contention that Supreme Court erred in granting the motion without conducting a hearing (see generally Matter of Russo v Russo, 282 AD2d 610 [2001]). | 1 | 2 |
Howard v. Rogalskigreen2 sentences2019The court is "not required to conduct an evidentiary hearing where . . . it is clear from the record that the court possesse[s] sufficient information to render an informed determination that [is] consistent with the child[ren's] best interests' " ( Matter of Bogdan v Bogdan , 291 AD2d 909, 909 [4th Dept 2002]; see Matter of Lynda D. v Stacy C. , 37 AD3d 1151, 1151 [4th Dept 2007]; Matter of Oliver S. v Chemung County Dept. of Social Servs. , 162 AD2d 820, 821-822 [3d Dept 1990]). 2008The court is “not required to conduct an evidentiary hearing where . . . it is clear from the record that the court ‘possessed] sufficient information to render an informed determination that [is] consistent with the child[ren’s] best interests’ ” (Matter of Bogdan v Bogdan, 291 AD2d 909 [2002]; see also Matter of Oliver S. v Chemung County Dept. of Social Servs., 162 AD2d 820, 821-822 [1990]). | 1 | 2 |
People v. Wilsongreen1 sentence2019We reject the father's contention that Family Court erred in granting the motion without conducting a hearing ( see Matter of Piwowar v Glosek , 53 AD3d 1121, 1122 [4th Dept 2008]; see generally Matter of Russo v Russo , 282 AD2d 610, 610 [2d Dept 2001]). | 1 | 1 |
Lynda D. v. Stacy C.green1 sentence2019The court is "not required to conduct an evidentiary hearing where . . . it is clear from the record that the court possesse[s] sufficient information to render an informed determination that [is] consistent with the child[ren's] best interests' " ( Matter of Bogdan v Bogdan , 291 AD2d 909, 909 [4th Dept 2002]; see Matter of Lynda D. v Stacy C. , 37 AD3d 1151, 1151 [4th Dept 2007]; Matter of Oliver S. v Chemung County Dept. of Social Servs. , 162 AD2d 820, 821-822 [3d Dept 1990]). | 1 | 1 |
Hughes v. Kamenevagreen1 sentence2017A motion to punish a party for civil contempt is addressed to the sound discretion of the motion court (see Cassarino v Cassarino, 149 AD3d 689, 690 [2017]; Matter of Hughes v Kameneva, 96 AD3d 845, 846 [2012]; Chambers v Old Stone Hill Rd. | 1 | 1 |
People v. Allardgreen1 sentence2017Thus, County Court erred in granting the motion without conducting a hearing, and we remit so that it may do so (see CPL 210.45 [6]; People v Berkowitz, 50 NY2d 333, 349 [1980]; People v Allard, 113 AD3d 624, 626 [2014]; People v Smith, 245 AD2d 534, 534 [1997]). | 1 | 1 |
People v. Spruillgreen1 sentence2017Thus, County Court erred in granting the motion without conducting a hearing, and we remit so that it may do so (see CPL 210.45 [6]; People v Berkowitz, 50 NY2d 333, 349 [1980]; People v Allard, 113 AD3d 624, 626 [2014]; People v Smith, 245 AD2d 534, 534 [1997]). | 1 | 1 |
Cassarino v. Cassarinogreen1 sentence2017A motion to punish a party for civil contempt is addressed to the sound discretion of the motion court (see Cassarino v Cassarino, 149 AD3d 689, 690 [2017]; Matter of Hughes v Kameneva, 96 AD3d 845, 846 [2012]; Chambers v Old Stone Hill Rd. | 1 | 1 |
People v. Berkowitzgreen1 sentence2017Thus, County Court erred in granting the motion without conducting a hearing, and we remit so that it may do so (see CPL 210.45 [6]; People v Berkowitz, 50 NY2d 333, 349 [1980]; People v Allard, 113 AD3d 624, 626 [2014]; People v Smith, 245 AD2d 534, 534 [1997]). | 1 | 1 |
People v. Bushgreen1 sentence2016Since the defendant’s motion to withdraw his guilty plea was premised on unsubstantiated and conclusory allegations belied by the record, the County Court properly denied the motion without conducting a hearing (see People v Bush, 132 AD3d at 692; People v Bennett, 115 AD3d at 973 ; People v Shorter, 106 AD3d 1115 [2013]). | 1 | 1 |
People v. Grudengreen1 sentence2016Here, while the People’s opposition sufficiently demonstrated “that there [wa]s a factual dispute which must be resolved at a hearing” (People v Gruden, 42 NY2d 214, 217 [1977]), it was inadequate to warrant summary denial of the motion. | 1 | 1 |
People v. Elmendorfgreen1 sentence2015As the defendant’s plea of guilty was knowing, voluntary, and intelligent, and his allegations were unsubstantiated and conclusory, the County Court properly denied the motion without conducting a hearing (see People v Bennett, 115 AD3d at 974 ; People v Elmendorf, 45 AD3d 858, 859 [2007]). | 1 | 1 |
People v. Jonesgreen1 sentence2014As was correctly noted by the Appellate Division dissent, "[i]f the defendant produces post-conviction evidence favorable to him or her, CPL 440.30 (5) requires the court to 'conduct a hearing and make findings of fact essential to the determination [of the motion]'"(109 AD3d at 408-409) In sum, because defendant's motion alleged that he had favorable evidence that could entitle him to the relief sought, and the motion had none of the deficiencies set forth in CPL 440.30 (4) (a) (b), (c) or (d), the court did not have discretion - 3 - - 4 - No. 219 to decide the motion without conducting a hea | 1 | 1 |
| People v. Lakegreen | 1 | 1 |
People v. Sessiongreen1 sentence2010(CPL 440.30 [3] [c].) The court may, nonetheless, upon reaching the merits still deny the motion without a hearing if the moving papers, inter alia, fail to allege a ground constituting a legal basis for the motion (CPL 440.30 [4] [a]) or fail to allege sufficient facts to support the legal ground asserted (CPL 440.30 [4] [b]; People v Session, 34 NY2d 254, 255-256 [1974]). | 1 | 1 |
| People v. Satterfieldgreen | 1 | 1 |
| People v. Puccigreen | 1 | 1 |
| People v. Santosgreen | 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. Shorter
green
2 sentences2016Since the defendant’s motion to withdraw his guilty plea was premised on unsubstantiated and conclusory allegations belied by the record, the County Court properly denied the motion without conducting a hearing (see People v Bush, 132 AD3d at 692; People v Bennett, 115 AD3d at 973 ; People v Shorter, 106 AD3d 1115 [2013]). 2015Since the defendant’s motion to withdraw his plea of guilty was premised on unsubstantiated and conclusory allegations belied by the record, the Supreme Court properly denied the motion without conducting a hearing (see People v Shorter, 106 AD3d 1115 [2013]; People v Haywood, 97 AD2d 446 [1983]; People v Douglas, 83 AD3d 1092, 1093 [2011]). | 4 | 2014–2016 |
Wells Fargo Bank v. Chaplin
green
2 sentences2021The court denied the motion without conducting a hearing, and the defendant appeals. "[A] process server's affidavit of service establishes a prima facie case as to the method of service and, therefore, gives rise to a presumption of proper service" ( Wells Fargo Bank, NA v Chaplin , 65 AD3d 588, 589 ; see US Natl. 2019In general, "a process server's affidavit of service establishes a prima facie case as to the method of service and, therefore, gives rise to a presumption of proper service" ( Wells Fargo Bank, NA v Chaplin , 65 AD3d 588, 589 ; see Emigrant Mtge. | 3 | 2019–2021 |
Town of Parma v. Lynchesky
green
2 sentences2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). 2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). | 3 | 2015–2015 |
People v. Minemier
green
2 sentences2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). 2015Furthermore, “we agree with the People that defendant’s attorney was not ineffective in failing to make a suppression motion ‘that ha[d] little or no chance of success’ ” (People v Chappell, 124 AD3d 1409 , 1410 [2015], lv denied 25 NY3d 1070 [2015], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). | 3 | 2015–2015 |
People v. Bennett
green
2 sentences2016Since the defendant’s motion to withdraw his guilty plea was premised on unsubstantiated and conclusory allegations belied by the record, the County Court properly denied the motion without conducting a hearing (see People v Bush, 132 AD3d at 692; People v Bennett, 115 AD3d at 973 ; People v Shorter, 106 AD3d 1115 [2013]). 2015As the defendant’s plea of guilty was knowing, voluntary, and intelligent, and his allegations were unsubstantiated and conclusory, the County Court properly denied the motion without conducting a hearing (see People v Bennett, 115 AD3d at 974 ; People v Elmendorf, 45 AD3d 858, 859 [2007]). | 2 | 2015–2016 |
People v. Evans
green
2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2014–2014 |
Evans v. New York
green
2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim! ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2014–2014 |
People v. Tinsley
green
2 sentences2001Further, since the defendant was afforded a reasonable opportunity to present his contentions, and the court was able to make an informed decision, the court providently exercised its discretion in denying the motion without conducting a hearing (see, People v Tinsley, 35 NY2d 926 ; People v Rodriguez, supra; People v Santana, 176 AD2d 360 ). 1996In addition, we reject the defendant’s contention that the court improvidently exercised its discretion in denying the motion without conducting a hearing (see, CPL 220.60 [3]; People v Frederick, 45 NY2d 520, 524-525 ; People v Tinsley, 35 NY2d 926 ; People v Pantojas, 182 AD2d 782 ). | 2 | 1996–2001 |
US National Bank Ass'n v. Melton
green
1 sentence2021Bank Assn. v Melton , 90 AD3d 742, 743 ). | 1 | 2021–2021 |
People v. Balbuenatorres
green
1 sentence2020A motion to withdraw a plea of guilty is addressed to the sound discretion of the court, and its determination generally will not be disturbed absent an improvident exercise of discretion ( see CPL 220.60[3]; People v Balbuenatorres , 179 AD3d 828, 829 ). | 1 | 2020–2020 |
People v. Haywood
neutral
1 sentence2015Since the defendant’s motion to withdraw his plea of guilty was premised on unsubstantiated and conclusory allegations belied by the record, the Supreme Court properly denied the motion without conducting a hearing (see People v Shorter, 106 AD3d 1115 [2013]; People v Haywood, 97 AD2d 446 [1983]; People v Douglas, 83 AD3d 1092, 1093 [2011]). | 1 | 2015–2015 |
| People v. Shamblee green | 1 | 2010–2010 |
| People v. Pratt green | 1 | 2007–2007 |
| People v. Santana green | 1 | 2001–2001 |
| People v. Rodriguez green | 1 | 2001–2001 |
| People v. Goddard neutral | 1 | 1996–1996 |
| People v. Pantojas neutral | 1 | 1996–1996 |
| People v. Frederick green | 1 | 1996–1996 |
| People v. Cole green | 1 | 1995–1995 |
| People v. Ciaccio green | 1 | 1983–1983 |
| People v. Daniels green | 1 | 1980–1980 |
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.