ruling error (New York) · Go Syfert
← New York issues

ruling error in New York

105 New York opinions name it 6 courts 1862–2022 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.

Followed or applied (31)

CaseFollowedCited
People v. Graygreen
ny · 1995 · cited in 5 New York opinions naming this issue, 2008–2017
2 sentences

2017As with other questions of law concerning a ruling or instruction, a challenge based on a Sandoval error must be preserved for appellate review by a specific, timely objection (People v Cantave, 21 NY3d 374, 378 [2013]; People v Gray, 86 NY2d 10, 20-21 [1995]; CPL 470.05 [2]).

2017As with other questions of law concerning a ruling or instruction, a challenge based on a Sandoval error must be preserved for appellate review by a specific, timely objection (People v Cantave, 21 NY3d 374, 378 [2013]; People v Gray, 86 NY2d 10 , 20–21 [1995]; CPL 470.05 [2]).

55
People v. Gilesgreen
ny · 1989 · cited in 3 New York opinions naming this issue, 1991–2007
2 sentences

2007In any event, the defendant’s request for a Dunaway hearing (see Dunaway v New York, 442 US 200 [1979]) was properly denied since his supporting papers were conclusory and failed to set forth factual allegations sufficient to warrant such a hearing (see People v Scott, 182 AD2d 649 [1992]). “ 'It was this ruling by the hearing court and not a failure of proof by the People that resulted in evidence of the legality of the [arrest] remaining undeveloped’ ” (People v Fountaine, 269 AD2d 748 [2000], quoting People v Giles, 73 NY2d 666, 671 [1989]).

2000“It was this ruling by the hearing court and not a failure of proof by the People that resulted in evidence of the legality of the [arrest] remaining undeveloped” (People v Giles, 73 NY2d 666, 671 ; see, People v Havelka, 45 NY2d 636, 642-643 ), and this Court may not rely upon the record of the Huntley hearing to decide the merits of the unlitigated ground for suppression raised in defendant’s motion (see, People v Giles, supra, at 670-671).

23
People v. Crimminsgreen
ny · 1975 · cited in 4 New York opinions naming this issue, 1986–2019
2 sentences

2019Even assuming, arguendo, that the court's ruling was error, that error was harmless ( see generally People v Crimmins , 36 NY2d 230, 237 [1975]).

1986In any event, if the court’s ruling was error it was harmless given the overwhelming evidence of defendant’s guilt (People v Crimmins, 36 NY2d 230 ; People v Perez, 36 NY2d 848 ).

14
People v. Rosengreen
ny · 1993 · cited in 2 New York opinions naming this issue, 1997–2016
2 sentences

2016As an initial matter, there is no merit to the People’s contention that certain of the defendant’s arguments on this issue are not preserved for appellate review. “[A] party who without success has either expressly or impliedly sought or requested a particular ruling or instruction, is deemed to have thereby protested the court’s ultimate disposition of the matter or failure to rule or instruct accordingly sufficiently to raise a question of law with respect to such disposition or failure regardless of whether any actual protest thereto was registered” (CPL 470.05 [2]; see People v Rosen, 81 N

1997Defense counsel’s motion to share defense responsibilities with her colleague preserves for appellate review the propriety of the court’s disposition of the application despite counsel’s failure to register “any actual protest” (ibid.; People v Rosen, 81 NY2d 237, 245 ).

12
Farhart v. Matuljakgreen
nyappdiv · 1954 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011This case is distinguishable from Duffy v Vogel ( 12 NY3d 169, 172 ), where the request to poll the jury was explicitly “denied as ‘unnecessary[,]’ and the jury [was] discharged.” Rather, here, defense counsel was afforded an opportunity to clarify her request prior to the jury being discharged “and[,] when [defense] counsel immediately abandoned the subject[,] the court might well have assumed that [defense] counsel acquiesced that the polling was unnecessary” (Farhart v Matuljak, 283 App Div 977, 978 ).

2011This case is distinguishable from Duffy v Vogel ( 12 NY3d 169, 172 [2009]), where the request to poll the jury was explicitly “denied as ‘unnecessary[,]’ and the jury [was] discharged.” Rather, here, defense counsel was afforded an opportunity to clarify her request prior to the jury being discharged “and[,] when [defense] counsel immediately abandoned the subject[,] the court might well have assumed that [defense] counsel acquiesced that the polling was unnecessary” (Farhart v Matuljak, 283 App Div 977, 978 [1954]).

12
Duffy v. Vogelgreen
ny · 2009 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011This case is distinguishable from Duffy v Vogel ( 12 NY3d 169, 172 ), where the request to poll the jury was explicitly “denied as ‘unnecessary[,]’ and the jury [was] discharged.” Rather, here, defense counsel was afforded an opportunity to clarify her request prior to the jury being discharged “and[,] when [defense] counsel immediately abandoned the subject[,] the court might well have assumed that [defense] counsel acquiesced that the polling was unnecessary” (Farhart v Matuljak, 283 App Div 977, 978 ).

2011This case is distinguishable from Duffy v Vogel ( 12 NY3d 169, 172 [2009]), where the request to poll the jury was explicitly “denied as ‘unnecessary[,]’ and the jury [was] discharged.” Rather, here, defense counsel was afforded an opportunity to clarify her request prior to the jury being discharged “and[,] when [defense] counsel immediately abandoned the subject[,] the court might well have assumed that [defense] counsel acquiesced that the polling was unnecessary” (Farhart v Matuljak, 283 App Div 977, 978 [1954]).

12
People v. Pavaogreen
ny · 1983 · cited in 2 New York opinions naming this issue, 1990–1999
2 sentences

1999The defendant’s previous convictions were probative on the issues of his credibility and his willingness to place his interests above those of society (People v Walker, 83 NY2d 455 ; People v Pavao, supra).

1990It is well settled that a defendant cannot shield himself from impeachment on the basis of the very frequency of his offenses, or his tendency to specialize in his criminal endeavors (see, People v Pavao, 59 NY2d 282, 292 [1983]; People v Rahman, 62 AD2d 968 [1st Dept 1978], affd 46 NY2d 882 [1979]).

12
People v. Conagreen
ny · 1979 · cited in 2 New York opinions naming this issue, 1981–1988
2 sentences

1988To present a question of law, reviewable by either this court or the Court of Appeals, regarding the correctness of the trial court’s ruling or instruction, usually the defendant must, by request or protest, alert the court to his argument and specific objection (CPL 470.05 [2]; 470.15, 470.35; see, People v Ford, 66 NY2d 428, 441 [1985]; People v Thomas, 50 NY2d 467, 472-474 [1980]; People v Cona, 49 NY2d 26, 32-33 [1979]; People v Bronson, 127 AD2d 776 [2d Dept 1987]; People v Graham, 111 AD2d 831 [2d Dept 1985]).

1981The first two sentences are addressed to the situation in which a ruling or instruction has affirmatively been made by the court at nisi prius, and the issue affecting appealability is whether a timely and sufficient protest has been registered thereto (see, e.g., People v Cona, 49 NY2d 26, 33 ).

12
People v. Thomasgreen
ny · 1980 · cited in 2 New York opinions naming this issue, 1981–1988
2 sentences

1988To present a question of law, reviewable by either this court or the Court of Appeals, regarding the correctness of the trial court’s ruling or instruction, usually the defendant must, by request or protest, alert the court to his argument and specific objection (CPL 470.05 [2]; 470.15, 470.35; see, People v Ford, 66 NY2d 428, 441 [1985]; People v Thomas, 50 NY2d 467, 472-474 [1980]; People v Cona, 49 NY2d 26, 32-33 [1979]; People v Bronson, 127 AD2d 776 [2d Dept 1987]; People v Graham, 111 AD2d 831 [2d Dept 1985]).

1981Thus, while our courts have deemed a certain coterie of constitutional rights so fundamental that they may be raised in the first instance .at any time and at any level of the proceedings either because they are bound up so intimately with the defendant’s right to a fair trial (e.g., People v Banks, 53 NY2d 819 ; People v Carmine A., 53 NY2d 816 ; People v Ermo, 47 NY2d 863 ; People v Arthur, 22 NY2d 325 [right to counsel] ; People v Patterson, 39 NY2d 288 , affd 432 US 197 [burden of proof]; but see People v Thomas, 50 NY2d 467 ) or because the right involved is one, such as the prohibition a

12
People v. Parkergreen
ny · 2018 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Pursuant to CPL 470.05(2), "[f]or purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a trial or proceeding is presented when a protest thereto was registered, by the party claiming error, at the time of such ruling or instruction or at any subsequent time when the court had an opportunity of effectively changing the same." However, CPL 470.05(2) provides that "[s]uch protest need not be in the form of an 'exception' but is sufficient if . . . in re[s]ponse to a protest by a party, the court expressly decided the question raised on appeal."

11
People v. Cantonigreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Pursuant to CPL 470.05(2), "[f]or purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a trial or proceeding is presented when a protest thereto was registered, by the party claiming error, at the time of such ruling or instruction or at any subsequent time when the court had an opportunity of effectively changing the same." However, CPL 470.05(2) provides that "[s]uch protest need not be in the form of an 'exception' but is sufficient if . . . in re[s]ponse to a protest by a party, the court expressly decided the question raised on appeal."

11
People v. Smithgreen
ny · 2013 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Here, "[r]egardless of whether defendant's objection . . . was sufficiently explicit," it cannot reasonably be disputed that the trial court "expressly decided the question raised on appeal" ( People v Smith , 22 NY3d 462, 465 [internal quotation marks omitted]; see CPL 470.05[2]).

11
People v. Hawkinsgreen
ny · 2008 · cited in 1 New York opinions naming this issue, 2017–2017
11
People v. Cantavegreen
ny · 2013 · cited in 1 New York opinions naming this issue, 2017–2017
11
People v. Seabrookgreen
nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2016–2016
11
People v. Mezongreen
ny · 1992 · cited in 1 New York opinions naming this issue, 2015–2015
11
People v. Lewisgreen
ny · 2005 · cited in 1 New York opinions naming this issue, 2015–2015
11
People v. Medinagreen
ny · 2011 · cited in 1 New York opinions naming this issue, 2014–2014
11
Johnson v. Department of Correctional Servicesgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
11
Moro v. Millsgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
11
Brennan v. New York State & Local Employees Retirement Systemgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
11
People v. D'Alessandrogreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2008–2008
11
People v. Hinesgreen
ny · 2001 · cited in 1 New York opinions naming this issue, 2008–2008
11
Investors Insurance of America v. Hartford Fire Insurancegreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2007–2007
11
People v. Jonesgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2007–2007
11
People v. Jonesgreen
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2007–2007
11
People v. Cartergreen
ny · 1975 · cited in 1 New York opinions naming this issue, 2007–2007
11
People v. Gilmoregreen
ny · 1985 · cited in 1 New York opinions naming this issue, 2007–2007
11
Harrington v. Harringtongreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2006–2006
11
People v. Havelkagreen
ny · 1978 · cited in 1 New York opinions naming this issue, 2000–2000
11
People v. Adamsgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 1993–1993
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Thomasgreen
ny · 1980 · cited in 2 New York opinions naming this issue, 1981–1988
2 sentences

1988To present a question of law, reviewable by either this court or the Court of Appeals, regarding the correctness of the trial court’s ruling or instruction, usually the defendant must, by request or protest, alert the court to his argument and specific objection (CPL 470.05 [2]; 470.15, 470.35; see, People v Ford, 66 NY2d 428, 441 [1985]; People v Thomas, 50 NY2d 467, 472-474 [1980]; People v Cona, 49 NY2d 26, 32-33 [1979]; People v Bronson, 127 AD2d 776 [2d Dept 1987]; People v Graham, 111 AD2d 831 [2d Dept 1985]).

1981Thus, while our courts have deemed a certain coterie of constitutional rights so fundamental that they may be raised in the first instance .at any time and at any level of the proceedings either because they are bound up so intimately with the defendant’s right to a fair trial (e.g., People v Banks, 53 NY2d 819 ; People v Carmine A., 53 NY2d 816 ; People v Ermo, 47 NY2d 863 ; People v Arthur, 22 NY2d 325 [right to counsel] ; People v Patterson, 39 NY2d 288 , affd 432 US 197 [burden of proof]; but see People v Thomas, 50 NY2d 467 ) or because the right involved is one, such as the prohibition a

12

Also cited on this issue (49)

CaseCitedYears
People v. Matiash green
nyappdiv · 1993
2 sentences

2016Unlike in People v Matiash ( 197 AD2d 794 [1993], lv denied 82 NY2d 899 [1993]), where the trial court made a thorough record explaining why the alleged juror misconduct was innocuous and thus did not warrant further inquiry (id. at 795), here the court did not explain on the record its reasons for denying defendant’s request.

2016Unlike in People v Matiash ( 197 AD2d 794 [1993], lv denied 82 NY2d 899 [1993]), where the trial court made a thorough record explaining why the alleged juror misconduct was innocuous and thus did not warrant further inquiry (id. at 795), here the court did not explain on the record its reasons for denying defendant’s request.

32016–2016
People v. Sandoval green
ny · 1974
2 sentences

2007Since the defendant expressly requested that portion of the trial court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) that pertained to his prior felony conviction, the defendant’s Sandoval claim was waived to the extent that he argues that this part of the court’s ruling was in error, as well as being unpreserved for appellate review (see People v Jones, 256 AD2d 30, 31 [1998]; People v Lugo, 233 AD2d 197, 198 [1996]; People v Medina, 171 AD2d 559 [1991]).

1981In our opinion the ruling was error because of the remoteness in time of the offenses (see People v Sandoval, supra, p 376 ; People v Daniels, 77 AD2d 745 ) coupled with the limited probative value of the type of offense involved (see People v Sandoval, supra, p 377 ).

31981–2007
Gray v. Kaufman Dairy & Ice Cream Co. green
nyappdiv · 1896
2 sentences

1935What was said in that opinion as to the effect of a reletting was unnecessary to the decision (cf. Gray v. Kaufman Dairy & Ice Cream Co., 9 App. Div. 115, 118 ; reversed, but on other grounds, in 162 N. Y. 388 ).

1933What was said in that opinion as to the effect of a reletting was unnecessary to the decision (cf. Gray v. Kaufman Dairy & Ice Cream Co., 9 App. Div. 115, 118 ; reversed, but on other grounds, in 162 N. Y. 388 ).

31926–1935
Gray v. Kaufman Dairy & Ice Cream Co. green
ny · 1900
2 sentences

1935What was said in that opinion as to the effect of a reletting was unnecessary to the decision (cf. Gray v. Kaufman Dairy & Ice Cream Co., 9 App. Div. 115, 118 ; reversed, but on other grounds, in 162 N. Y. 388 ).

1933What was said in that opinion as to the effect of a reletting was unnecessary to the decision (cf. Gray v. Kaufman Dairy & Ice Cream Co., 9 App. Div. 115, 118 ; reversed, but on other grounds, in 162 N. Y. 388 ).

31926–1935
Wesselmann v. International Images, Inc. green
nysupct · 1996
2 sentences

2014Regarding the ownership of the unsold prints, the court granted Scher’s mo tion to the extent of declaring that Scher “is the owner of and entitled to immediate possession of all of the approximately 320 unsold prints of her artwork.” At the same time, the court granted the Gallery’s cross motion “to the extent of ruling that [the Gallery] is entitled by contract to 90% of the re-[sale] value of the unsold prints, either gross or net of expenses, and the amount, if any, owed to [the Gallery] shall be determined at the plenary trial of this action.” In determining that Scher owns the prints, th

2014Regarding the ownership of the unsold prints, the court granted Scher’s mo tion to the extent of declaring that Scher “is the owner of and entitled to immediate possession of all of the approximately 320 unsold prints of her artwork.” At the same time, the court granted the Gallery’s cross motion “to the extent of ruling that [the Gallery] is entitled by contract to 90% of the re-[sale] value of the unsold prints, either gross or net of expenses, and the amount, if any, owed to [the Gallery] shall be determined at the plenary trial of this action.” In determining that Scher owns the prints, th

22014–2014
Wesselmann v. International Images, Inc. green
nyappdiv · 1999
2 sentences

2014Regarding the ownership of the unsold prints, the court granted Scher’s mo tion to the extent of declaring that Scher “is the owner of and entitled to immediate possession of all of the approximately 320 unsold prints of her artwork.” At the same time, the court granted the Gallery’s cross motion “to the extent of ruling that [the Gallery] is entitled by contract to 90% of the re-[sale] value of the unsold prints, either gross or net of expenses, and the amount, if any, owed to [the Gallery] shall be determined at the plenary trial of this action.” In determining that Scher owns the prints, th

2014Regarding the ownership of the unsold prints, the court granted Scher’s mo tion to the extent of declaring that Scher “is the owner of and entitled to immediate possession of all of the approximately 320 unsold prints of her artwork.” At the same time, the court granted the Gallery’s cross motion “to the extent of ruling that [the Gallery] is entitled by contract to 90% of the re-[sale] value of the unsold prints, either gross or net of expenses, and the amount, if any, owed to [the Gallery] shall be determined at the plenary trial of this action.” In determining that Scher owns the prints, th

22014–2014
People v. Williams green
ny · 1982
2 sentences

1990Nor is defendant persuasive that the ruling was in error either as to the number (seven) of the crimes (see, e.g., People v Torres, 110 AD2d 794 [2d Dept 1985]) or as to their predominantly larcenous nature (see, People v Williams, supra).

1987While the lapse of time may to some extent affect the materiality of a prior conviction (People v Williams, 56 NY2d 236, 239 ; People v Sandoval, supra, at 376 ), the fact that a conviction is temporally remote does not, by itself, mandate preclusion of cross-examination with respect thereto (see, People v Emmons, 123 AD2d 475 , lv denied 69 NY2d 827 ; People v Scott, 118 AD2d 881 , lv denied 67 NY2d 1056 ; People v Crandall, 108 AD2d 413 ).

21987–1990
In re the County of Nassau green
nyappdiv · 1973
2 sentences

1983There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

1981There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

21981–1983
Irv-Ceil Realty Corp. v. State green
nyappdiv · 1973
2 sentences

1983There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

1981There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

21981–1983
Van Kleeck v. State green
ny · 1966
2 sentences

1983There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

1981There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

21981–1983
Spano v. State green
nyappdiv · 1964
2 sentences

1983There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

1981There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

21981–1983
In re the County of Nassau green
ny · 1976
2 sentences

1983There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

1981There is substantial support for the proposition that the value of improvements which interfere with the judicially determined best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v State of New York, 18 NY2d 897 ; Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45 , affd 39 NY2d 958 ; Irv-Ceil Realty Corp. v State of New York, 43 AD2d 775 ; Spano v State of New York, 22 AD2d 757 ).

21981–1983
People v. Le Mieux green
ny · 1980
2 sentences

1983The Legislature has specially provided for preserving such issues for appellate review: “In addition, a party who without success has either expressly or impliedly sought or requested a particular ruling or instruction, is deemed to have thereby protested the court’s ultimate disposition of the matter or failure to rule or instruct accordingly sufficiently to raise a question of law with respect to such disposition or failure regardless of whether any actual protest thereto was registered.” (CPL 470.05, subd 2.) In People v Le Mieux ( 51 NY2d 981 ), this court held that an objection was preser

1983In face of the court's refusal to charge any definition, defendant "without success * * * expressly or impliedly sought or requested a particular ruling or instruction" and thus "is deemed to have thereby protested the court's ultimate disposition of the matter * * * sufficiently to raise a question of law with respect to such disposition * * * regardless of whether any actual protest thereto was registered" (CPL 470.05, subd 2; see People v Cobos , 57 N.Y.2d 798, 800 , supra; People v Le Mieux , supra ).

21983–1983
Yates v. . Yates green
· 1914
2 sentences

1935But in later cases in the Court of Appeals it is pointed out that the rule laid down in Moller v. Moller is too broadly stated, or at least that it was “ ‘ not a rule of evidence, but one for the guidance of the judicial conscience.’ ” (See Yates v. Yates, 211 N. Y. 163, 171 , and cases therein cited.) And this dictum is found in the opinion in McKeon v. Van Slyck ( 223 N. Y. 392, at p. 398 ): “ In like manner, we have sometimes said that divorces ought not to be granted on the uncorroborated evidence of private detectives (Moller v. Moller, 115 N. Y. 466 ), but when a trial judge put before a

1927The latest view of the Court of Appeals, as evidenced in Yates v. Yates ( 211 N. Y. 163 ) and McKeon v. Van Slyck (223 id. 392, 398), is that such theory is not a rule of evidence but is one for the guidance of the judicial conscience, and that while justices and jurors are justified in looking with suspicion upon such evidence, the Court of Appeals “ has not determined as matter of law that such evidence could not be considered,” and that “ when a trial judge put before a jury as a rule of law this caution designed to guide the judicial conscience, we pronounced the ruling error.” Manning, Yo

21927–1935
Denning v. Roome neutral
· 1831
2 sentences

1898(Denning v. Roome, 6 Wend. 651 .) The record was the best evidence of the fact.

1898Denning v. Boome, 6 Wend. 651 .

21898–1898
People v. Fernandez green
ny · 2011
1 sentence

2019County Court erred when it determined that the proposed testimony failed to establish a proper foundation for admission of testimony regarding the victim's bad reputation for truthfulness; in fact, the offer of proof contained each element required by People v Fernandez ( 17 NY3d at 76-77 ).

12019–2019
People v. Buckley green
ny · 1990
1 sentence

2018CPL 470.05 (2)" follows from the language and purpose of the statute ( 75 NY2d at 846 ).

12018–2018
Rivera v. Prack green
nyappdiv · 2012
1 sentence

2018The ruling of the hearing officer, denying the petitioner's request to call a character witness, did not violate the petitioner's right to call witnesses and complied with the relevant regulations, since such testimony would not have been material to the issues before the hearing officer ( see 7 NYCRR 254.5[a]; Matter of Navarro v Prack , 156 AD3d 994, 995 ; Matter of Rivera v Prack , 97 AD3d 879, 880 ).

12018–2018
Matter of Navarro v. Prack green
nyappdiv · 2017
12018–2018
People v. Bailey green
ny · 2018
12018–2018
People v. Ferguson green
ny · 2009
12015–2015
People v. Givens neutral
nyappdiv · 2000
12015–2015
Dunaway v. New York green
scotus · 1979
12007–2007
People v. Medina green
nyappdiv · 1991
12007–2007
People v. Sallitto neutral
nyappdiv · 1992
12007–2007
People v. Melvin neutral
nyappdiv · 1996
12007–2007
People v. Sabin green
nyappdiv · 2000
12007–2007
Bronstein-Becher v. Becher green
nyappdiv · 2006
12006–2006
People v. McGill green
nyappdiv · 1999
12002–2002
McCarthy v. Klein green
nyappdiv · 1997
12001–2001
Marten v. Eden Park Health Services, Inc. green
nyappdiv · 1998
12001–2001
Fehlhaber Corp. & Horn Construction Co. v. State green
nyappdiv · 1978
12000–2000
People v. Walker green
ny · 1994
11999–1999
People v. Lewis neutral
nyappdiv · 1993
11998–1998
Franklin Associates v. GSL Enterprises Inc. neutral
nyappdiv · 1995
11998–1998
People v. Wheaton neutral
nyappdiv · 1989
11997–1997
People v. Greene green
ny · 1990
11997–1997
People v. Peterkin green
nyappdiv · 1993
11997–1997
People v. Layer green
nyappdiv · 1993
11997–1997
People v. Etienne green
nyappdiv · 1995
11997–1997

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.25 (6) NY § N.Y. Penal Law § 160.15 (4)

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.

Where else courts name it

TX 261 (1891–2026) CA 206 (1867–2026) GA 203 (1900–2026) LA 124 (1925–2024) NY 105 (1862–2022) IL 90 (1893–2026) AL 87 (1880–2025) FL 63 (1893–2023) PA 56 (1842–2024) IA 56 (1879–2026) MA 50 (1894–2026) MO 49 (1891–2024) OR 35 (1914–2026) UT 31 (1989–2026) IN 30 (1876–2026) OH 30 (1928–2025) NM 29 (1927–2024) CT 28 (1963–2021) TN 27 (1899–2025) MD 26 (1883–2025) MI 26 (1880–2025) CO 26 (1918–2025) NC 25 (1889–2024) NJ 24 (1935–2021) WA 24 (1905–2025) AZ 24 (1935–2023) VA 21 (1901–2024) DC 21 (1947–2022) KS 20 (1897–2026) AR 16 (1989–2025) MS 14 (1985–2017) SC 14 (1916–2025) ME 14 (1959–2019) WI 14 (1900–2017) AK 13 (1978–2018) KY 12 (1960–2020) OK 12 (1916–2021) WV 11 (1956–2022) ID 9 (1885–2019) WY 8 (1931–2015) NV 8 (1963–2020) VT 8 (1905–2000) SD 8 (1909–2025) MT 8 (1978–2022) NH 7 (1970–2020) MN 6 (1906–2009) NE 5 (1948–2024) RI 4 (2000–2016) HI 4 (1928–2014) DE 2 (1966–1966)

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.

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