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28 New York opinions name it 2 courts 1984–2024 3 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. Collinsgreen2 sentences2017Furthermore, even assuming, arguendo, that defense counsel took an adverse position on the motion, we conclude that reversal is not required based on the court’s failure to assign new counsel because the comments of defense counsel had no impact on the fact that defendant’s motion was inappropriate under CPL 330.30 (see generally McClassling, 143 AD3d at 529 ; People v Collins, 129 AD3d 1676, 1677 , lv denied 26 NY3d 1038 ). 2017Furthermore, even assuming, ar-guendo, that defense counsel took an adverse position on the motion, we conclude that reversal is not required based on the court’s failure to assign new counsel because the comments of defense counsel had no impact on the fact that defendant’s motion was inappropriate under CPL 330.30 (see generally McClassling, 143 AD3d at 529 ; People v Collins, 129 AD3d 1676, 1677 [2015], lv denied 26 NY3d 1038 [2015]). | 1 | 2 |
People v. Mitchellgreen2 sentences2009“The remaining comments challenged by defendant were fair comment on the evidence or fair responses to the comments of defense counsel and did not constitute [prosecutorial] misconduct” (id.; see People v Halm, 81 NY2d 819, 821 [1993]). 1999The remaining comments challenged by defendant were fair comment on the evidence or fair response to the comments of defense counsel and did not constitute misconduct (see, People v Halm, 81 NY2d 819, 821 ). | 1 | 2 |
People v. Ticegreen1 sentence2024In any event, even if defense counsel's statements could be construed as providing the defendant's "consent to the possibility of community service . . . , there is no proof whatsoever on the record that [the] defendant consented to the amount and conditions of the community service actually imposed by [the] County Court, which is what is specifically required by [Penal Law § 65.10(2)(h)]" ( People v Tice , 267 AD2d 504, 505 [citations and emphasis omitted]; see People v Wood , 277 AD2d at 516 ; cf. People v Luksenberg , 2001 NY Slip Op 40565[U] , *2-3 [App Term, 2d Dept, 9th & 10th Jud Dists] | 1 | 1 |
People v. Woodgreen1 sentence2024In any event, even if defense counsel's statements could be construed as providing the defendant's "consent to the possibility of community service . . . , there is no proof whatsoever on the record that [the] defendant consented to the amount and conditions of the community service actually imposed by [the] County Court, which is what is specifically required by [Penal Law § 65.10(2)(h)]" ( People v Tice , 267 AD2d 504, 505 [citations and emphasis omitted]; see People v Wood , 277 AD2d at 516 ; cf. People v Luksenberg , 2001 NY Slip Op 40565[U] , *2-3 [App Term, 2d Dept, 9th & 10th Jud Dists] | 1 | 1 |
People v. Figueroagreen1 sentence2022People v Pierce , 303 AD2d 314 [1st Dept 2003], lv denied 100 NY2d 565 [2003]; People v Johnson , 219 AD2d 509, 510 [1st Dept 1995], 87 NY2d 903 [1995]). | 1 | 1 |
People v. Smartgreen1 sentence2018Additionally, contrary to defendant's contention that the prosecutor vouched for the credibility of a witness during summation, we conclude that the "isolated comment was a fair response to the comments of defense counsel on summation attacking the conduct and [*2]credibility of th[at] witness[] . . . and did not deprive defendant of a fair trial" ( People v Smart , 224 AD2d 999, 999-1000 [4th Dept 1996], lv denied 88 NY2d 854 [1996]). | 1 | 1 |
People v. Gradygreen1 sentence2018Furthermore, we conclude that most of the remaining alleged instances of misconduct during the prosecutor's summation "were fair comment on the evidence and fair response to defense counsel's summation . . . and, to the extent that the prosecutor made inappropriate remarks, . . . they were not so pervasive or egregious as to deprive defendant of a fair trial' " ( People v Edwards , 159 AD3d 1425 , 1426 [4th Dept 2018], lv denied 31 NY3d 1116 [2018]; see People v Grady , 40 AD3d 1368, 1374-1375 [3d Dept 2007], lv denied 9 NY3d 923 [2007]). | 1 | 1 |
O'Neil v. Klassgreen1 sentence2009The comments by defense counsel were inflammatory and unduly prejudicial, and should have been precluded by the trial court (see O’Neil v Klass, 36 AD3d 677, 677-678 [2007]; Pagano v Murray, 309 AD2d 910, 911 [2003]). | 1 | 1 |
Grasso v. Koslowegreen1 sentence2009In Pagano v Murray, we held that comments similar to those of the defense counsel here were “particularly improper and unbecoming because [the defendant] offered no expert witness on his behalf’’ (id. at 911; see also Grasso v Koslowe, 38 AD3d 599 [2007]). | 1 | 1 |
Pagano v. Murraygreen1 sentence2009The comments by defense counsel were inflammatory and unduly prejudicial, and should have been precluded by the trial court (see O’Neil v Klass, 36 AD3d 677, 677-678 [2007]; Pagano v Murray, 309 AD2d 910, 911 [2003]). | 1 | 1 |
People v. Gareygreen1 sentence2006Assuming, without deciding, that the stenographer was required pursuant to Judiciary Law § 295 to transcribe the precharge conference, defendant failed to show any prejudice he suffered as a result of that conference not being transcribed (see People v Garey, 243 AD2d 844, 845 [1997]). | 1 | 1 |
People v. Moultongreen1 sentence2006Although some of the court’s comments to defense counsel in front of the jury “would better have been left unsaid, the jury was not prevented from arriving at an impartial judgment on the merits” (People v Moulton, 43 NY2d 944, 946 [1978]). | 1 | 1 |
People v. Hillgreen1 sentence2005In any event, since County Court did not “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determination[ ] [is] based” (Correction Law § 168-n [3]), appropriate appellate review of defendant’s claim that County Court did not properly evaluate his risk level is not possible (see People v Hill, 17 AD3d 715, 716 [2005]; People v Hoppe, 1 AD3d 712 [2003]; People v Sturdivant, 307 AD2d 382, 382-383 [2003]; People v Lee, 292 AD2d 639, 640 [2002]). | 1 | 1 |
People v. Leegreen1 sentence2005In any event, since County Court did not “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determination[ ] [is] based” (Correction Law § 168-n [3]), appropriate appellate review of defendant’s claim that County Court did not properly evaluate his risk level is not possible (see People v Hill, 17 AD3d 715, 716 [2005]; People v Hoppe, 1 AD3d 712 [2003]; People v Sturdivant, 307 AD2d 382, 382-383 [2003]; People v Lee, 292 AD2d 639, 640 [2002]). | 1 | 1 |
People v. Browngreen1 sentence2005Notably, such an error by the Board could be considered harmless if it was clear that County Court reviewed all relevant evidence and made “a final determination of the defendant’s risk level based on clear and convincing evidence thereof’ (People v Brown, 302 AD2d 919, 920 [2003]). * Here, however, based on the court’s comments at the hearing, it appears that it determined that the presumptive override was binding. | 1 | 1 |
People v. Sturdivantgreen1 sentence2005In any event, since County Court did not “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determination[ ] [is] based” (Correction Law § 168-n [3]), appropriate appellate review of defendant’s claim that County Court did not properly evaluate his risk level is not possible (see People v Hill, 17 AD3d 715, 716 [2005]; People v Hoppe, 1 AD3d 712 [2003]; People v Sturdivant, 307 AD2d 382, 382-383 [2003]; People v Lee, 292 AD2d 639, 640 [2002]). | 1 | 1 |
| Vassura v. Taylorgreen | 1 | 1 |
| Martinez v. Californiagreen | 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. Ashwal
green
2 sentences1996In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ; People v Simms, supra), or fair response to the comments that the defense counsel made during summation (see, People v Galloway, 54 NY2d 396 ; People v Blair, 226 AD2d 470 ; People v Miller, 183 AD2d 790, 791 ). 1995In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the comments that defense counsel made during his summation (see, People v Galloway, 54 NY2d 396 ), or harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s subsequent instructions, which served to cure any prejudice to the defendant (see, People v Basora, 75 NY2d 992 ; People u Crimmins, 36 NY2d 230 ). | 5 | 1992–1996 |
People v. Galloway
green
2 sentences1996In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ; People v Simms, supra), or fair response to the comments that the defense counsel made during summation (see, People v Galloway, 54 NY2d 396 ; People v Blair, 226 AD2d 470 ; People v Miller, 183 AD2d 790, 791 ). 1995Lastly, the remarks made by the prosecutor during summation, to which defense counsel registered only unspecified objections, were made in fair response to the comments defense counsel made during summation (People v Galloway, 54 NY2d 396 ). | 4 | 1995–1996 |
People v. Crimmins
green
2 sentences1995In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the comments that the defense counsel made during summation (see, People v Galloway, 54 NY2d 396 ), or harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s subsequent instructions, which served to cure any prejudice to the defendant (see, People v Basora, 75 NY2d 992 ; People v Crimmins, 36 NY2d 230 ). 1995In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the comments that defense counsel made during his summation (see, People v Galloway, 54 NY2d 396 ), or harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s subsequent instructions, which served to cure any prejudice to the defendant (see, People v Basora, 75 NY2d 992 ; People u Crimmins, 36 NY2d 230 ). | 3 | 1990–1995 |
People v. McClassling
green
2 sentences2017Furthermore, even assuming, arguendo, that defense counsel took an adverse position on the motion, we conclude that reversal is not required based on the court’s failure to assign new counsel because the comments of defense counsel had no impact on the fact that defendant’s motion was inappropriate under CPL 330.30 (see generally McClassling, 143 AD3d at 529 ; People v Collins, 129 AD3d 1676, 1677 , lv denied 26 NY3d 1038 ). 2017Furthermore, even assuming, ar-guendo, that defense counsel took an adverse position on the motion, we conclude that reversal is not required based on the court’s failure to assign new counsel because the comments of defense counsel had no impact on the fact that defendant’s motion was inappropriate under CPL 330.30 (see generally McClassling, 143 AD3d at 529 ; People v Collins, 129 AD3d 1676, 1677 [2015], lv denied 26 NY3d 1038 [2015]). | 2 | 2017–2017 |
People v. Basora
green
2 sentences1995In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the comments that the defense counsel made during summation (see, People v Galloway, 54 NY2d 396 ), or harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s subsequent instructions, which served to cure any prejudice to the defendant (see, People v Basora, 75 NY2d 992 ; People v Crimmins, 36 NY2d 230 ). 1995In any event, the remarks in question were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the comments that defense counsel made during his summation (see, People v Galloway, 54 NY2d 396 ), or harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s subsequent instructions, which served to cure any prejudice to the defendant (see, People v Basora, 75 NY2d 992 ; People u Crimmins, 36 NY2d 230 ). | 2 | 1995–1995 |
People v. Birot
green
1 sentence2024In any event, the challenged remarks constituted fair comment on the evidence and the inferences to be drawn therefrom ( see People v Fuhrtz , 115 AD3d 760, 760 ; People v Birot , 99 AD3d 933, 933 ) or were fair response to the comments of defense counsel during summation ( see People v Long , 222 AD3d 881 , 882; People Fuhrtz , 115 AD3d at 760 ). | 1 | 2024–2024 |
People v. Fuhrtz
neutral
2 sentences2024In any event, the challenged remarks constituted fair comment on the evidence and the inferences to be drawn therefrom ( see People v Fuhrtz , 115 AD3d 760, 760 ; People v Birot , 99 AD3d 933, 933 ) or were fair response to the comments of defense counsel during summation ( see People v Long , 222 AD3d 881 , 882; People Fuhrtz , 115 AD3d at 760 ). 2024In any event, the challenged remarks constituted fair comment on the evidence and the inferences to be drawn therefrom ( see People v Fuhrtz , 115 AD3d 760, 760 ; People v Birot , 99 AD3d 933, 933 ) or were fair response to the comments of defense counsel during summation ( see People v Long , 222 AD3d 881 , 882; People Fuhrtz , 115 AD3d at 760 ). | 1 | 2024–2024 |
People v. Almonte
green
1 sentence2024To the extent that any of the prosecutor's remarks were improper, the statements "'were not so flagrant or pervasive' as to have deprived the defendant of a fair trial" ( People v Long , 222 AD3d at 882, quoting People v Almonte , 23 AD3d 392, 394 ). | 1 | 2024–2024 |
People v. Pierce
green
1 sentence2022People v Pierce , 303 AD2d 314 [1st Dept 2003], lv denied 100 NY2d 565 [2003]; People v Johnson , 219 AD2d 509, 510 [1st Dept 1995], 87 NY2d 903 [1995]). | 1 | 2022–2022 |
Nimkoff v. Nimkoff
green
1 sentence2013(Nimkoff., 18 AD3d at 346 ; Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.0 [t].) As provided in the Comments to rule 1.0: “The purpose of screening is to ensure that confidential information known by the personally disqualified lawyer remains protected. | 1 | 2013–2013 |
People v. Decesare
green
1 sentence2000Although it was improper for the prosecutor to cross-examine the defendant regarding a criminal charge of which he had been acquitted (see, People v Schwartzman, 24 NY2d 241, 250 ; People v Booker, 134 AD2d 949 ; People v Francis, 112 AD2d 167, 168 ), here, the error was harmless (see, People v Schwartzman, supra, 24 NY2d, at 250 ). | 1 | 2000–2000 |
People v. Booker
green
1 sentence2000Although it was improper for the prosecutor to cross-examine the defendant regarding a criminal charge of which he had been acquitted (see, People v Schwartzman, 24 NY2d 241, 250 ; People v Booker, 134 AD2d 949 ; People v Francis, 112 AD2d 167, 168 ), here, the error was harmless (see, People v Schwartzman, supra, 24 NY2d, at 250 ). | 1 | 2000–2000 |
People v. Patrona
neutral
1 sentence2000In any event, the prosecutor’s remarks were fair comment on the evidence or fair response to the comments that defense counsel made during summation (see, People v Patrona, 232 AD2d 432 ). | 1 | 2000–2000 |
People v. Schwartzman
green
2 sentences2000Although it was improper for the prosecutor to cross-examine the defendant regarding a criminal charge of which he had been acquitted (see, People v Schwartzman, 24 NY2d 241, 250 ; People v Booker, 134 AD2d 949 ; People v Francis, 112 AD2d 167, 168 ), here, the error was harmless (see, People v Schwartzman, supra, 24 NY2d, at 250 ). 2000Although it was improper for the prosecutor to cross-examine the defendant regarding a criminal charge of which he had been acquitted (see, People v Schwartzman, 24 NY2d 241, 250 ; People v Booker, 134 AD2d 949 ; People v Francis, 112 AD2d 167, 168 ), here, the error was harmless (see, People v Schwartzman, supra, 24 NY2d, at 250 ). | 1 | 2000–2000 |
| People v. Bleakley green | 1 | 1999–1999 |
| People v. Mott green | 1 | 1996–1996 |
| People v. McNeil green | 1 | 1996–1996 |
| People v. Say green | 1 | 1996–1996 |
| People v. Tidwell green | 1 | 1996–1996 |
| People v. Simms neutral | 1 | 1996–1996 |
| People v. Bethea neutral | 1 | 1996–1996 |
| People v. Arce green | 1 | 1996–1996 |
| People v. Suitte green | 1 | 1995–1995 |
| Tate v. Colabello green | 1 | 1995–1995 |
| People v. De Jesus green | 1 | 1993–1993 |
| People v. Kart green | 1 | 1993–1993 |
| People v. Sykes green | 1 | 1992–1992 |
| People v. Hathaway green | 1 | 1991–1991 |
| People v. Dory green | 1 | 1991–1991 |
| People v. Clink green | 1 | 1990–1990 |
| People v. Street green | 1 | 1987–1987 |
| People v. Banks green | 1 | 1987–1987 |
| Kennedy v. Beyer green | 1 | 1987–1987 |
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.