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20 New York opinions name it 4 courts 1940–2021 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. MacAnagreen2 sentences2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). 2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). | 2 | 3 |
People v. Bradfordgreen2 sentences2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). 2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). | 2 | 3 |
People v. Quinonesgreen2 sentences2018Defendant failed to preserve for our review the further contention in his main and pro se supplemental briefs that the court erred in failing to conduct an inquiry of the jury foreperson inasmuch as he did not request that the court make an inquiry of her or move to discharge her ( see People v Quinones , 41 AD3d 868, 868 [2d Dept 2007], lv denied 9 NY3d 1008 [2007]), and we decline to exercise our power to review his contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]). 2008The defendant thus demonstrated a willingness to continue to accept the juror as a trier of fact” (People v Quinones, 41 AD3d 868, 868 [2007], lv denied 9 NY3d 1008 [2007]). | 2 | 2 |
People v. Bufordgreen2 sentences2021"The Court of Appeals, in People v Buford ( 69 NY2d 290, 299 ), set forth the basic framework to be followed when conduct occurs during a trial that may be the basis for disqualifying a juror. 2015Defendant’s claim pursuant to CPL 270.35 (1) and People v Buford ( 69 NY2d 290, 298 [1987]) is unpreserved in light of his failure to request that the court make inquiry of the possibly unqualified jurors, despite having had ample opportunity to do so (see People v Hicks, 6 NY3d 737, 739 [2005]; People v Gonzalez, 247 AD2d 328, 328-329 [1st Dept 1998]), and we decline to review it in the interest of justice. | 1 | 2 |
People v. Brooksgreen2 sentences2005CPL 310.40 (1) provides, in part, that, “[t]he verdict must be rendered and announced ... in the presence of . . . the defendant . . . .” The law requires that the court make an inquiry and recite, “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” before proceeding in the defendant’s absence (People v Brooks, 75 NY2d 898, 899 [1990], mot to amend remittitur granted 76 NY2d 746 [1990]; People v Morales, 80 NY2d 450, 455 [1992]). 1992In Brooks (supra), the Court of Appeals required that the court make inquiry before proceeding in the defendant’s absence. | 1 | 2 |
People v. Gonzalezgreen1 sentence2015Defendant’s claim pursuant to CPL 270.35 (1) and People v Buford ( 69 NY2d 290, 298 [1987]) is unpreserved in light of his failure to request that the court make inquiry of the possibly unqualified jurors, despite having had ample opportunity to do so (see People v Hicks, 6 NY3d 737, 739 [2005]; People v Gonzalez, 247 AD2d 328, 328-329 [1st Dept 1998]), and we decline to review it in the interest of justice. | 1 | 1 |
People v. Hicksgreen1 sentence2015Defendant’s claim pursuant to CPL 270.35 (1) and People v Buford ( 69 NY2d 290, 298 [1987]) is unpreserved in light of his failure to request that the court make inquiry of the possibly unqualified jurors, despite having had ample opportunity to do so (see People v Hicks, 6 NY3d 737, 739 [2005]; People v Gonzalez, 247 AD2d 328, 328-329 [1st Dept 1998]), and we decline to review it in the interest of justice. | 1 | 1 |
People v. Moralesgreen1 sentence2005CPL 310.40 (1) provides, in part, that, “[t]he verdict must be rendered and announced ... in the presence of . . . the defendant . . . .” The law requires that the court make an inquiry and recite, “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” before proceeding in the defendant’s absence (People v Brooks, 75 NY2d 898, 899 [1990], mot to amend remittitur granted 76 NY2d 746 [1990]; People v Morales, 80 NY2d 450, 455 [1992]). | 1 | 1 |
People v. Philip L. S.green1 sentence2004To be sure, the best practice is to advise jointly represented parties on the record of the potential for conflicts and their right to separate representation (see People v Philip L.S., 57 NY2d 820, 821 [1982]). | 1 | 1 |
People v. Harrisgreen2 sentences2004The joint representation of corespondents “is not per se violative of the constitutional guarantee to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 264 [1979]; see People v Harris, 99 NY2d 202, 211 [2002]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]) and the failure of the court to make an inquiry will be reversible error only if the respondent can establish “the existence, or probable existence, of a conflict of interest, ‘which bears a substantial relation to the conduct of the defense’ ” (People v Harris, supra at 211 ; see People v Bal 2004The joint representation of corespondents “is not per se violative of the constitutional guarantee to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 264 [1979]; see People v Harris, 99 NY2d 202, 211 [2002]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]) and the failure of the court to make an inquiry will be reversible error only if the respondent can establish “the existence, or probable existence, of a conflict of interest, ‘which bears a substantial relation to the conduct of the defense’ ” (People v Harris, supra at 211 ; see People v Bal | 1 | 1 |
People v. Brickleygreen1 sentence2004The joint representation of corespondents “is not per se violative of the constitutional guarantee to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 264 [1979]; see People v Harris, 99 NY2d 202, 211 [2002]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]) and the failure of the court to make an inquiry will be reversible error only if the respondent can establish “the existence, or probable existence, of a conflict of interest, ‘which bears a substantial relation to the conduct of the defense’ ” (People v Harris, supra at 211 ; see People v Bal | 1 | 1 |
People v. Macerolagreen1 sentence2004The joint representation of corespondents “is not per se violative of the constitutional guarantee to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 264 [1979]; see People v Harris, 99 NY2d 202, 211 [2002]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]) and the failure of the court to make an inquiry will be reversible error only if the respondent can establish “the existence, or probable existence, of a conflict of interest, ‘which bears a substantial relation to the conduct of the defense’ ” (People v Harris, supra at 211 ; see People v Bal | 1 | 1 |
People v. Baldigreen1 sentence2004The joint representation of corespondents “is not per se violative of the constitutional guarantee to the effective assistance of counsel” (People v Macerola, 47 NY2d 257, 264 [1979]; see People v Harris, 99 NY2d 202, 211 [2002]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]) and the failure of the court to make an inquiry will be reversible error only if the respondent can establish “the existence, or probable existence, of a conflict of interest, ‘which bears a substantial relation to the conduct of the defense’ ” (People v Harris, supra at 211 ; see People v Bal | 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. Savinon
green
2 sentences2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). 2013People v Bradford, 300 AD2d 685, 686 [2002], lv denied 99 NY2d 612 [2003]), here there was no reason to bring the witnesses before the court for such an inquiry (see generally People v Savinon, 100 NY2d 192 , 199 n 7 [2003]; People v Macana, 84 NY2d 173, 178-179 [1994]). | 3 | 2013–2013 |
People v. Kuzdzal
green
1 sentence2018The observer further testified that the same two jurors had been laughing and making faces during trial.{**31 NY3d at 493} After the testimony, defense counsel asked the court to make an inquiry of the jurors. | 1 | 2018–2018 |
People v. Townsend
green
1 sentence2005CPL 310.40 (1) provides, in part, that, “[t]he verdict must be rendered and announced ... in the presence of . . . the defendant . . . .” The law requires that the court make an inquiry and recite, “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” before proceeding in the defendant’s absence (People v Brooks, 75 NY2d 898, 899 [1990], mot to amend remittitur granted 76 NY2d 746 [1990]; People v Morales, 80 NY2d 450, 455 [1992]). | 1 | 2005–2005 |
People v. Esquivel
green
1 sentence2000GPL 520.30 (1) specifically states that: “The court may inquire into any matter stated or required to be stated in the justifying affidavits, and may also inquire into other matters appropriate to the determination, which include but are not limited to the following: “(a) The background, character and reputation of any obligor * * * “(b) The source of any * * * property deposited by any obligor as security * * * “(c) The source of any * * * property delivered or agreed to be delivered to any obligor as indemnification on the bond * * * “(d) The background, character and reputation of any perso | 1 | 2000–2000 |
People v. Yolles
green
1 sentence1999And the Court’s decision in Yolles (supra) confirms this interpretation of the statute. | 1 | 1999–1999 |
People v. Glover
green
1 sentence1997Defendant expressly waived his present claim that, without making any inquiry, the court improperly permitted continued deliberations by a juror who had allegedly been asleep during portions of the trial, since defendant urged the court to make no inquiry, and took the position that the juror had not actually been sleeping (see, People v Glover, 237 AD2d 104 ). | 1 | 1997–1997 |
Reid v. County of Nassau
green
1 sentence1993With the possible exception of item (y) whereby this court was compelled to address the novel issue decided and officially reported in this case (Reid v Nassau County, supra), all other items are quite ordinary to any obstetrical medical malpractice action where the potential recovery is great. | 1 | 1993–1993 |
People v. Groff
green
1 sentence1990Nor did the court make an error when it told the jury that the evidence necessary to corroborate the unsworn testimony of the infant did not have to "show the commission of the crime or that defendant actually committed the crime.” The court’s entire discussion on the corroboration requirement satisfactorily advised the jury that the other evidence had to "fairly tend to connect defendant to the crime.” (People v Groff, 71 NY2d 101 .) We also find that the trial court did not abuse its discretion in sentencing defendant. | 1 | 1990–1990 |
People v. Quiles
green
1 sentence1984Defendant’s statement that he had been drinking for a few days prior to the day he committed the crime did not require the court to make inquiry as to whether defendant was asserting that his intent had been negated by intoxication, and, if so, whether he was voluntarily waiving that potential defense (cf. People v Valente, 77 AD2d 917 ; People v Quiles, 72 AD2d 610 ). | 1 | 1984–1984 |
People v. Valente
neutral
1 sentence1984Defendant’s statement that he had been drinking for a few days prior to the day he committed the crime did not require the court to make inquiry as to whether defendant was asserting that his intent had been negated by intoxication, and, if so, whether he was voluntarily waiving that potential defense (cf. People v Valente, 77 AD2d 917 ; People v Quiles, 72 AD2d 610 ). | 1 | 1984–1984 |
People v. Mason
neutral
1 sentence1965Thus, since there is no requirement that the court make inquiry as to the facts of the crime of a defendant at the time he pleads guilty (People v. Mason, 307 N. Y. 570 ) and the facts even as alleged by the defendant show that he would be guilty of manslaughter in the first degree, no basis remains for vacating the judgment of conviction. | 1 | 1965–1965 |
Ashland Window & Housecleaning Co. v. Metropolitan Casualty Insurance
green
1 sentence1958Co. of N. Y. ( 269 App. Div. 31, 35 ), ‘ When an insurer wishes upon proper grounds to disclaim liability, it must inform the assured promptly of such intention and liberate the latter to make defense in his own behalf.” The accident occurred on February 17, 1957. | 1 | 1958–1958 |
People v. Leonti
green
1 sentence1940(People v. Leonti, 262 N. Y. 256 .) The order should be affirmed, with costs, and the question certified answered in the negative. | 1 | 1940–1940 |
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.