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22 New York opinions name it 1 courts 1968–2026 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 |
|---|---|---|
In re Lauryn H.green2 sentences2024"Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight" ( Matter of Lauryn H. [William A.] , 73 AD3d 1175, 1176 [internal quotation marks omitted]). 2024"Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight" ( Matter of Lauryn H. [William A.] , 73 AD3d 1175, 1176 ). | 5 | 6 |
In re Heater S.green2 sentences2014Contrary to the father’s contentions, the Family Court’s findings of fact are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). “ ‘Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight’ ” (Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010], quoting Matter of Heather S., 19 AD3d 606, 608 [2005]; see also Matter of Taylor P., 63 AD3d 1161 [2009]; Matter of Heather S., 19 AD3d 606 [2005]). 2014Contrary to the father’s contentions, the Family Court’s findings of fact are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). “ ‘Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight’ ” (Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010], quoting Matter of Heather S., 19 AD3d 606, 608 [2005]; see also Matter of Taylor P., 63 AD3d 1161 [2009]; Matter of Heather S., 19 AD3d 606 [2005]). | 5 | 5 |
Matter of O.green2 sentences2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). 2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). | 2 | 3 |
In re Taylor P.green2 sentences2014Contrary to the father’s contentions, the Family Court’s findings of fact are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). “ ‘Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight’ ” (Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010], quoting Matter of Heather S., 19 AD3d 606, 608 [2005]; see also Matter of Taylor P., 63 AD3d 1161 [2009]; Matter of Heather S., 19 AD3d 606 [2005]). 2014Contrary to the father’s contentions, the Family Court’s findings of fact are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). “ ‘Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight’ ” (Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010], quoting Matter of Heather S., 19 AD3d 606, 608 [2005]; see also Matter of Taylor P., 63 AD3d 1161 [2009]; Matter of Heather S., 19 AD3d 606 [2005]). | 2 | 2 |
In re Carine T.green2 sentences2010“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Daniel R. [Lucille R.], 70 AD3d 839 [2010]; Matter of Carine T., 183 AD2d 902 [1992]). 2005Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight (see Matter of Carine T., 183 AD2d 902, 903 [1992]). | 1 | 5 |
Matter of Vered L. (Yoshi S.)green2 sentences2024Moreover, "[t]he Family Court Act defines an abused child as, inter alia, a child whose parent commits against him or her a sex offense as defined in article 130 of the Penal Law" ( Matter of Vered L. [Yoshi S.] , 205 AD3d 1028, 1029 , citing Family Ct Act § 1012[e][iii][A]). 2024Here, the Family Court's finding that Naima E. was an abused child was supported by a preponderance of the evidence ( see Family Ct Act §§ 1012[e][iii]; 1046[b][i]; see also Matter of Vered L. [Yoshi S.] , 205 AD3d 1028 ). | 1 | 2 |
Collins v. Parishville-Hopkinton Central School Districtgreen1 sentence2012School Dist., 256 AD2d 700, 701-702 [1998]; Matter of Langhorne v Jackson, 206 AD2d at 667-668 ). | 1 | 1 |
Wiggins v. Board of Educationgreen1 sentence2012Pursuant to Civil Service Law § 75 (2), a hearing on employee disciplinary charges “shall be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a . . . person designated by such officer or body in writing for that purpose.” It is well settled that absent “a written delegation authorizing a deputy or other person to conduct the hearing, the removing [body] or officer has no jurisdiction to discipline an employee” (Matter of Wiggins v Board of Educ. of City of N.Y., 60 NY2d 385, 387 [1983]; see Matter of Gardner v Coxsackie-Athens Cen | 1 | 1 |
United States v. Plughgreen1 sentence2010Notwithstanding the defendant’s refusal to sign the Miranda rights card, he simultaneously and affirmatively announced his willingness to speak to detectives (see Connecticut v Barrett, 479 US 523, 529 [1987]; cf. United States v Plugh, 576 F3d 135, 141 [2009]). | 1 | 1 |
In re Daniel R.green1 sentence2010“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Daniel R. [Lucille R.], 70 AD3d 839 [2010]; Matter of Carine T., 183 AD2d 902 [1992]). | 1 | 1 |
Connecticut v. Barrettgreen1 sentence2010Notwithstanding the defendant’s refusal to sign the Miranda rights card, he simultaneously and affirmatively announced his willingness to speak to detectives (see Connecticut v Barrett, 479 US 523, 529 [1987]; cf. United States v Plugh, 576 F3d 135, 141 [2009]). | 1 | 1 |
Matter of Dareth O.green1 sentence2005Furthermore, the finding that Lori S. derivatively neglected her other two children is supported by evidence indicating that she lacked an understanding of her parental responsibilities (see Matter of Dareth O., 304 AD2d 667, 668 [2003]). | 1 | 1 |
People v. Berriosgreen1 sentence1987Since the court concluded that the police witnesses were not credible, it should have concluded that the People had not met their burden of coming forward with sufficient evidence and granted the motion to suppress (see, People v Berrios, supra, at 369). | 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 |
|---|---|---|
Nuckel v. City of Yonkers
yellow
2 sentences2000As this matter depends almost entirely on assessments of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight, and we find no reason in this record to disturb its de termination of the factual issues (see, Matter of Kimberly X., 133 AD2d 226, 227 ). 1992As this matter turns almost entirely on assessments of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight, and we find no reason in this record to disturb its determination of the factual issues (see, Matter of Kimberly X., 133 AD2d 226, 227 ). | 2 | 1992–2000 |
Matter of Gerald W. (Anne R.)
neutral
1 sentence2026Here, the record, taken as a whole, failed to prove by a preponderance of the evidence the allegations in the petition with respect to the appellant. ( see Matter of Ziyoda S. [Nilufar S.] , 240 AD3d 705 , 705; Matter of Gerald W. [Anne R.] , 129 AD3d 979, 980 ). | 1 | 2026–2026 |
Langhorne v. Jackson
green
1 sentence2012School Dist., 256 AD2d 700, 701-702 [1998]; Matter of Langhorne v Jackson, 206 AD2d at 667-668 ). | 1 | 2012–2012 |
Collins v. Oklahoma
neutral
1 sentence2010There is no basis in the record to disturb the factual findings of the hearing court that the defendant orally waived his rights in a knowing, voluntary, and intelligent manner (see People v Oliveira, 2 AD3d 122 , 122 [2003], cert denied 543 US 840 [2004]; People v Robinson, 287 AD2d at 398 ; People v Hendricks, 222 AD2d at 80 ). | 1 | 2010–2010 |
People v. Hendricks
green
1 sentence2010There is no basis in the record to disturb the factual findings of the hearing court that the defendant orally waived his rights in a knowing, voluntary, and intelligent manner (see People v Oliveira, 2 AD3d 122 , 122 [2003], cert denied 543 US 840 [2004]; People v Robinson, 287 AD2d at 398 ; People v Hendricks, 222 AD2d at 80 ). | 1 | 2010–2010 |
Magazines Unlimited v. Benaim
green
1 sentence2010There is no basis in the record to disturb the factual findings of the hearing court that the defendant orally waived his rights in a knowing, voluntary, and intelligent manner (see People v Oliveira, 2 AD3d 122 , 122 [2003], cert denied 543 US 840 [2004]; People v Robinson, 287 AD2d at 398 ; People v Hendricks, 222 AD2d at 80 ). | 1 | 2010–2010 |
People v. Robinson
green
1 sentence2010There is no basis in the record to disturb the factual findings of the hearing court that the defendant orally waived his rights in a knowing, voluntary, and intelligent manner (see People v Oliveira, 2 AD3d 122 , 122 [2003], cert denied 543 US 840 [2004]; People v Robinson, 287 AD2d at 398 ; People v Hendricks, 222 AD2d at 80 ). | 1 | 2010–2010 |
People v. Holmes
green
1 sentence1995Contrary to the defendant’s contention, the prerequisite necessary to legally pursue a suspect, as set forth in People v Holmes ( 81 NY2d 1056 ) is not actual knowledge that a crime has been committed but, rather, a reasonable suspicion that a crime has been, is being, or is about to be committed. | 1 | 1995–1995 |
People v. Sease
neutral
1 sentence1994The factual findings of the hearing court are entitled to great weight (People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Benitez, 162 AD2d 100, 101 ), and will be accorded deference when grounded in the record (People v Terry, 155 AD2d 391 ). | 1 | 1994–1994 |
People v. Benitez
green
1 sentence1994The factual findings of the hearing court are entitled to great weight (People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Benitez, 162 AD2d 100, 101 ), and will be accorded deference when grounded in the record (People v Terry, 155 AD2d 391 ). | 1 | 1994–1994 |
Carabbia v. United States
green
1 sentence1994The factual findings of the hearing court are entitled to great weight (People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Benitez, 162 AD2d 100, 101 ), and will be accorded deference when grounded in the record (People v Terry, 155 AD2d 391 ). | 1 | 1994–1994 |
People v. Hill
neutral
1 sentence1994The police are not barred from taking a statement from a suspect who is still suffering from injuries received at the time of his arrest, even resulting from excessive force, where there is no causal connection between the injuries and the statement (People v Hill, 17 NY2d 185, 190 , cert denied sub nom. | 1 | 1994–1994 |
People v. Leonti
green
1 sentence1994The factual findings of the hearing court are entitled to great weight (People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Benitez, 162 AD2d 100, 101 ), and will be accorded deference when grounded in the record (People v Terry, 155 AD2d 391 ). | 1 | 1994–1994 |
People v. Boyd
green
1 sentence1992However, we find no basis to disturb the factual findings of the hearing court (see, People v Armstead, 98 AD2d 726 ). | 1 | 1992–1992 |
People v. Boyd
neutral
1 sentence1990Upon our review of the record, we accept the factual findings of the hearing court since, contrary to defendant’s argument, the officer’s testimony was not in credible as a matter of law (People v Vasquez, 166 AD2d 194 ). | 1 | 1990–1990 |
City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street
neutral
1 sentence1987As this matter turns almost entirely on assessments of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight, and we are disinclined to question its judgment on this issue and its disposition of the other issues before it (see, Matter of Natasha A., 99 AD2d 533 ). | 1 | 1987–1987 |
People v. Gee
green
1 sentence1987The factual findings of the hearing court, including its resolution of issues of credibility, are entitled to great weight and, on this record, we perceive no basis for disturbing its findings (see, People v Gee, 104 AD2d 561 ). | 1 | 1987–1987 |
| In re Cohen green | 1 | 1968–1968 |
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.