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21 New York opinions name it 6 courts 1985–2024 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. Gomezgreen2 sentences2012Although the court refused to suppress the statement “based on a determination that the warnings given were legally sufficient, examination of the transcript of the hearing discloses the absence of any proof that the component of the warnings specifically identified by [defendant] had been given,” and thus the statement should have been suppressed (People v Hutchinson, 59 NY2d 923, 924-925 [1983]; see People v Gomez, 192 AD2d 549, 550 [1993], lv denied 82 NY2d 806 [1993]). 2012Although the court refused to suppress the statement “based on a determination that the warnings given were legally sufficient, examination of the transcript of the hearing discloses the absence of any proof that the component of the warnings specifically identified by [defendant] had been given,” and thus the statement should have been suppressed (People v Hutchinson, 59 NY2d 923, 924-925 [1983]; see People v Gomez, 192 AD2d 549, 550 [1993], lv denied 82 NY2d 806 [1993]). | 3 | 3 |
People v. Thompsongreen2 sentences2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). 2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). | 2 | 3 |
People v. Chatmangreen2 sentences2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). 2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). | 2 | 3 |
People v. Hutchinsongreen2 sentences2012Although the court refused to suppress the statement “based on a determination that the warnings given were legally sufficient, examination of the transcript of the hearing discloses the absence of any proof that the component of the warnings specifically identified by [defendant] had been given,” and thus the statement should have been suppressed (People v Hutchinson, 59 NY2d 923, 924-925 [1983]; see People v Gomez, 192 AD2d 549, 550 [1993], lv denied 82 NY2d 806 [1993]). 2012Although the court refused to suppress the statement “based on a determination that the warnings given were legally sufficient, examination of the transcript of the hearing discloses the absence of any proof that the component of the warnings specifically identified by [defendant] had been given,” and thus the statement should have been suppressed (People v Hutchinson, 59 NY2d 923, 924-925 [1983]; see People v Gomez, 192 AD2d 549, 550 [1993], lv denied 82 NY2d 806 [1993]). | 2 | 3 |
La Porta v. Alacra, Inc.green2 sentences2022Attorneys' fees are provided for under the statute as an additional remedy under the statutory cause of action ( see La Porta v Alacra, Inc. , 142 AD3d 851, 853 [1st Dept 2016]). 2022Attorneys' fees are provided for under the statute as an additional remedy under the statutory cause of action ( see La Porta v Alacra, Inc. , 142 AD3d 851, 853 [1st Dept 2016]). | 2 | 2 |
People v. Crimminsgreen2 sentences2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). 2012Nevertheless, we affirm the judgment because that error is harmless beyond a reasonable doubt (see People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]; People v Thompson, 295 AD2d 917, 918 [2002], lv denied 98 NY2d 772 [2002]; see generally People v Crimmins, 36 NY2d 230, 237 [1975]). | 2 | 2 |
Bowen v. Kendrickgreen2 sentences1992This feature confirms the secondary, incidental nature and effects of that aspect of the regulations which mandates that advisory council membership include persons from religious organizations (see , Bowen v Kendrick , 487 US 589, 607, 612-613 , supra ; Lynch v Donnelly , 465 US 668, 683 , supra) . 1992This feature confirms the secondary, incidental nature and effects of that aspect of the regulations which mandates that advisory council membership include persons from religious organizations (see, Bowen v Kendrick, 487 US 589, 607, 612-613 , supra; Lynch v Donnelly, 465 US 668, 683 , supra). | 2 | 2 |
McDougald v. Garbergreen1 sentence2024While diminished enjoyment of life may be a component of a claim for pain and suffering ( see McDougald v Garber, 73 NY2d 246, 256-258 [1989]), here, plaintiff is not seeking damages based on this factor. | 1 | 1 |
People v. Bellgreen2 sentences2017When the central component of a defense involves portraying that a defendant was justified in stabbing a victim, detracting away from such defense was “not a misguided though reasonably plausible strategy decision but clear ineffectiveness of counsel” (People v Bell, 48 NY2d 933, 935 [1979]; People v Brugman, 111 AD2d 562, 563 [1985]). 2017When the central component of a defense involves portraying that a defendant was justified in stabbing a victim, detracting away from such defense was "not a misguided though reasonably plausible strategy decision but clear ineffectiveness of counsel" (People v Bell, 48 NY2d 933, 935 [1979]; People v Brugman, 111 AD2d 562, 563 [1985]). | 1 | 1 |
People v. Brugmangreen2 sentences2017When the central component of a defense involves portraying that a defendant was justified in stabbing a victim, detracting away from such defense was “not a misguided though reasonably plausible strategy decision but clear ineffectiveness of counsel” (People v Bell, 48 NY2d 933, 935 [1979]; People v Brugman, 111 AD2d 562, 563 [1985]). 2017When the central component of a defense involves portraying that a defendant was justified in stabbing a victim, detracting away from such defense was "not a misguided though reasonably plausible strategy decision but clear ineffectiveness of counsel" (People v Bell, 48 NY2d 933, 935 [1979]; People v Brugman, 111 AD2d 562, 563 [1985]). | 1 | 1 |
People v. Ramsarangreen2 sentences2017Defense counsel also allowed the People to solicit testimony, and argue on summation, that defendant should have retreated from his own home, all once again without any objection or a request for a limiting instruction (see People v Ramsaran, 141 AD3d 865, 871 [2016], lv granted 28 NY3d 1075 [2016]). 2017Defense counsel also allowed the People to solicit testimony, and argue on summation, that defendant should have retreated from his own home, all once again without any objection or a request for a limiting instruction (see People v Ramsaran, 141 AD3d 865, 871 [2016], lv granted 28 NY3d 1075 [2016]). | 1 | 1 |
Robbins v. Goldman Sachs Headquarters, LLCgreen1 sentence2015Component’s contract required it to indemnify the other defendants if, among other things, the accident occurred, or allegedly occurred, near where Component was performing its work either “(1) while [Component] [wa]s performing the work . . . , or (2) while any of [Component]’s . . . work in progress . . . [was] in or about such place or the vicinity thereof.” There are issues of fact as to whether the accident arose from Component’s failure to perform its work of covering the hole on the seventh floor, thereby causing the accident and triggering the indemnification clause (see Robbins v Gold | 1 | 1 |
People v. Aliajgreen1 sentence2014However, the time lapse is a critical component of the test (see People v Aliaj, 36 Misc 3d 682, 689 [2012]), and the resulting test evidence is therefore too significant to warrant its admission before the jury, even with a curative instruction. | 1 | 1 |
Turcotte v. Fellgreen2 sentences2006The final component in this analysis is whether the consenting participant was aware of the risks, had an appreciation of the nature of the risks and voluntarily assumed the risks (see Turcotte v Fell, supra at 437; see also Morgan v State of New York, supra at 484), which “includes consideration of the participant’s knowledge and experience in the activity generally” (Turcotte v Fell, supra at 440; see Benitez v New York City Bd. of Educ., 73 NY2d 650, 657 [1989]; Papa v Russo, supra at 745 ). 2006The final component in this analysis is whether the consenting participant was aware of the risks, had an appreciation of the nature of the risks and voluntarily assumed the risks (see Turcotte v Fell, supra at 437; see also Morgan v State of New York, supra at 484), which “includes consideration of the participant’s knowledge and experience in the activity generally” (Turcotte v Fell, supra at 440; see Benitez v New York City Bd. of Educ., 73 NY2d 650, 657 [1989]; Papa v Russo, supra at 745 ). | 1 | 1 |
Benitez v. New York City Board of Educationgreen1 sentence2006The final component in this analysis is whether the consenting participant was aware of the risks, had an appreciation of the nature of the risks and voluntarily assumed the risks (see Turcotte v Fell, supra at 437; see also Morgan v State of New York, supra at 484), which “includes consideration of the participant’s knowledge and experience in the activity generally” (Turcotte v Fell, supra at 440; see Benitez v New York City Bd. of Educ., 73 NY2d 650, 657 [1989]; Papa v Russo, supra at 745 ). | 1 | 1 |
Ross v. Community General Hospitalgreen1 sentence2000Hosp., 150 AD2d 838, 840-841 [physician’s negligent failure to request accurate information from radiologist]). | 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 |
|---|---|---|
Lynch v. Donnelly
green
2 sentences1992This feature confirms the secondary, incidental nature and effects of that aspect of the regulations which mandates that advisory council membership include persons from religious organizations (see , Bowen v Kendrick , 487 US 589, 607, 612-613 , supra ; Lynch v Donnelly , 465 US 668, 683 , supra) . 1992This feature confirms the secondary, incidental nature and effects of that aspect of the regulations which mandates that advisory council membership include persons from religious organizations (see, Bowen v Kendrick, 487 US 589, 607, 612-613 , supra; Lynch v Donnelly, 465 US 668, 683 , supra). | 2 | 1992–1992 |
McMann v. Richardson
green
1 sentence2019In the absence of any record support, we do not presume that counsel was somehow incompetent and failed to provide effective assistance during the plea negotiations as demanded by the Sixth Amendment (see Lafler v Cooper, 566 US 156 [2012]; McMann v Richardson, 397 US 759 [1970]). | 1 | 2019–2019 |
People v. Lopez
green
1 sentence2019Each defendant was informed that the waiver of the right to appeal was separate and apart from the rights ordinarily forfeited by a guilty plea (see Billingslea, 6 NY3d at 256-257 ). | 1 | 2019–2019 |
People v. Moissett
green
2 sentences2019Each defendant was represented by counsel and confirmed on the record that he or she had an adequate opportunity to discuss the waiver with defense counsel (see Moissett, 76 NY2d at 911 ; majority op at 12-13 [“The role played by counsel in ensuring a defendant’s knowing and voluntary waiver is an important component of that analysis that cannot be ignored”]). 2019The role played by counsel in ensuring a defendant’s knowing and voluntary waiver is an important component of that analysis that cannot be ignored (see 22 NYCRR 606.5 [1st Dept]; 22 NYCRR 671.3 [2d Dept]; 22 NYCRR 821.2 [3d Dept]; 22 NYCRR - 12 - - 13 - Nos. 87, 88, 89 1015.7 [4th Dept]; Moissett, 76 NY2d at 911 ). | 1 | 2019–2019 |
Lafler v. Cooper
green
1 sentence2019In the absence of any record support, we do not presume that counsel was somehow incompetent and failed to provide effective assistance during the plea negotiations as demanded by the Sixth Amendment (see Lafler v Cooper, 566 US 156 [2012]; McMann v Richardson, 397 US 759 [1970]). | 1 | 2019–2019 |
People v. Ramsaran
green
2 sentences2017Defense counsel also allowed the People to solicit testimony, and argue on summation, that defendant should have retreated from his own home, all once again without any objection or a request for a limiting instruction (see People v Ramsaran, 141 AD3d 865, 871 [2016], lv granted 28 NY3d 1075 [2016]). 2017Defense counsel also allowed the People to solicit testimony, and argue on summation, that defendant should have retreated from his own home, all once again without any objection or a request for a limiting instruction (see People v Ramsaran, 141 AD3d 865, 871 [2016], lv granted 28 NY3d 1075 [2016]). | 1 | 2017–2017 |
Papa v. Russo
green
1 sentence2006The final component in this analysis is whether the consenting participant was aware of the risks, had an appreciation of the nature of the risks and voluntarily assumed the risks (see Turcotte v Fell, supra at 437; see also Morgan v State of New York, supra at 484), which “includes consideration of the participant’s knowledge and experience in the activity generally” (Turcotte v Fell, supra at 440; see Benitez v New York City Bd. of Educ., 73 NY2d 650, 657 [1989]; Papa v Russo, supra at 745 ). | 1 | 2006–2006 |
In re Raquel M.
green
1 sentence2006In re Raquel M ., 291 AD2d 155 (1st Dept. 2002). [where respondent was found in the rear middle seat of a vehicle that had been previously reported stolen and there was no popped ignition in the car] citing People v McCaleb , 25 NY2d 394 (1953) (emphasis included). | 1 | 2006–2006 |
People v. McCaleb
green
1 sentence2006In re Raquel M ., 291 AD2d 155 (1st Dept. 2002). [where respondent was found in the rear middle seat of a vehicle that had been previously reported stolen and there was no popped ignition in the car] citing People v McCaleb , 25 NY2d 394 (1953) (emphasis included). | 1 | 2006–2006 |
Handlebar, Inc. v. Utica First Insurance
green
1 sentence2002Co., 290 AD2d 633, 635 , lv denied 98 NY2d 601 ). | 1 | 2002–2002 |
Markel v. Scavo
green
1 sentence2002Accordingly, they have abandoned this component of their claim (see, Markel v Scavo, 292 AD2d 757, 758-759 ; Handlebar, Inc. v Utica First Ins. | 1 | 2002–2002 |
People v. Roby
green
1 sentence2002Then, to leave no doubt as to the significance of McCaleb , seven years later, in People v Roby ( 39 NY2d 69 ), the Court of Appeals reviewed its prior decision in McCaleb and specifically held that “evidence of theft * * * is absolutely immaterial to the quantum of proof necessary to establish commission of the crime of unauthorized use of a vehicle” (id. at 71 [emphasis added]). | 1 | 2002–2002 |
In re Antonio R.
neutral
1 sentence2002Hence, McCaleb makes clear that observable indicia of theft is not a component of the presumption and that the absence of damage or the presence of keys does not constitute an explanation for presence in a stolen vehicle (see also, Matter of Antonio R., 186 AD2d 200 [14-year-old passenger properly charged with unauthorized use of a motor vehicle in the third degree where car was driven by 30- to 40-year-old adult with keys in ignition]). | 1 | 2002–2002 |
In re Florence
green
1 sentence1999While this variation of the substituted judgment standard has been referred to as an objective test (Matter of Florence, 140 Misc 2d 393 , citing Matter of Christiansen, 248 Cal App 2d 398, 424, 56 Cal Rptr 505, 522-523), the component of the standard that requires consideration of the particular incapacitated person’s wishes by definition incorporates a subjective element. | 1 | 1999–1999 |
| Board of Education v. Nyquist green | 1 | 1995–1995 |
| Marine Midland Bank v. Embassy East, Inc. green | 1 | 1992–1992 |
| Gramatan Home Investors Corp. v. Lopez green | 1 | 1985–1985 |
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.