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14 New York opinions name it 3 courts 1969–2023 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 |
|---|---|---|
United States v. Anthony Gregggreen2 sentences2017Thus, the officer's conduct in asking defendant to show identification and the MetroCard he had just used did not exceed the bounds of such an inquiry ( see People v Perry , 102 AD3d 472 , 472-473 [2013], lv denied 20 NY3d 1102 [2013]; see also 21 NYCRR 1050.6[d][3]; United States v Gregg , 463 F.3d 160, 166 [2d Cir. 2006]). 2017Thus, the officer's conduct in asking defendant to show identification and the MetroCard he had just used did not exceed the bounds of such an inquiry ( see People v Perry , 102 AD3d 472 , 472-473 [2013], lv denied 20 NY3d 1102 [2013]; see also 21 NYCRR 1050.6[d][3]; United States v Gregg , 463 F.3d 160, 166 [2d Cir. 2006]). | 3 | 3 |
People v. Boragreen2 sentences2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). 2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). | 2 | 2 |
People v. Heroldgreen2 sentences2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). 2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). | 2 | 2 |
People v. Gonzalezgreen1 sentence2023Based on the applicable factors, the court also properly concluded that the People met their burden of establishing that defendant knowingly and voluntarily consented to providing such a sample ( see People v Gonzalez , 39 NY2d 122, 128-31 [1976]). | 1 | 1 |
People v. Perrygreen2 sentences2017Thus, the officer's conduct in asking defendant to show identification and the MetroCard he had just used did not exceed the bounds of such an inquiry ( see People v Perry , 102 AD3d 472 , 472-473 [2013], lv denied 20 NY3d 1102 [2013]; see also 21 NYCRR 1050.6[d][3]; United States v Gregg , 463 F.3d 160, 166 [2d Cir. 2006]). 2017Thus, the officer's conduct in asking defendant to show identification and the MetroCard he had just used did not exceed the bounds of such an inquiry ( see People v Perry , 102 AD3d 472 , 472-473 [2013], lv denied 20 NY3d 1102 [2013]; see also 21 NYCRR 1050.6[d][3]; United States v Gregg , 463 F.3d 160, 166 [2d Cir. 2006]). | 1 | 1 |
People v. D'Alessandrogreen1 sentence2015To the extent that the prosecutor strayed, on isolated occasions, beyond the proper bounds of inquiry or argument, the court’s prompt curative actions minimized any prejudice (see People v Santiago, 52 NY2d 865 [1981]), and defendant was not deprived of a fair trial (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). | 1 | 1 |
People v. McMilliangreen1 sentence2009Moreover, the improper admission of prior consistent statements is amenable to harmless error analysis (People v McDaniel, 81 NY2d at 20 ; People v Walsh, 289 AD2d at 518; People v McMillian, 139 AD2d 674, 675 [1988]), and, upon this record, “there is no significant probability that the defendant would have been acquitted had the testimony about the prior consistent statements been excluded” (People v Bailey, 272 AD2d 621, 622 [2000]; see also People v Neznanyj, 12 Misc 3d 143[A] , 2006 NY Slip Op 51423[U] [2006]). | 1 | 1 |
People v. Alexandregreen1 sentence2009Moreover, the improper admission of prior consistent statements is amenable to harmless error analysis (People v McDaniel, 81 NY2d at 20 ; People v Walsh, 289 AD2d at 518; People v McMillian, 139 AD2d 674, 675 [1988]), and, upon this record, “there is no significant probability that the defendant would have been acquitted had the testimony about the prior consistent statements been excluded” (People v Bailey, 272 AD2d 621, 622 [2000]; see also People v Neznanyj, 12 Misc 3d 143[A] , 2006 NY Slip Op 51423[U] [2006]). | 1 | 1 |
People v. Van Wagenengreen1 sentence2009Moreover, the improper admission of prior consistent statements is amenable to harmless error analysis (People v McDaniel, 81 NY2d at 20 ; People v Walsh, 289 AD2d at 518; People v McMillian, 139 AD2d 674, 675 [1988]), and, upon this record, “there is no significant probability that the defendant would have been acquitted had the testimony about the prior consistent statements been excluded” (People v Bailey, 272 AD2d 621, 622 [2000]; see also People v Neznanyj, 12 Misc 3d 143[A] , 2006 NY Slip Op 51423[U] [2006]). | 1 | 1 |
People v. Daghitagreen1 sentence2008While “disclosure acts” as well as words may be protected by the marital privilege (People v Daghita, 299 NY 194, 199 [1949]), here the acts were either daily and ordinary exchanges between spouses or acts which were not “induced by the marital relation and prompted by the affection, confidence and loyalty engendered by such relationship” (Poppe v Poppe, 3 NY2d 312, 315 [1957]), and thereby beyond the bounds of the privilege (see People v Melski, 10 NY2d 78, 81 [1961]). | 1 | 1 |
Poppe v. Poppegreen1 sentence2008While “disclosure acts” as well as words may be protected by the marital privilege (People v Daghita, 299 NY 194, 199 [1949]), here the acts were either daily and ordinary exchanges between spouses or acts which were not “induced by the marital relation and prompted by the affection, confidence and loyalty engendered by such relationship” (Poppe v Poppe, 3 NY2d 312, 315 [1957]), and thereby beyond the bounds of the privilege (see People v Melski, 10 NY2d 78, 81 [1961]). | 1 | 1 |
People v. Melskigreen1 sentence2008While “disclosure acts” as well as words may be protected by the marital privilege (People v Daghita, 299 NY 194, 199 [1949]), here the acts were either daily and ordinary exchanges between spouses or acts which were not “induced by the marital relation and prompted by the affection, confidence and loyalty engendered by such relationship” (Poppe v Poppe, 3 NY2d 312, 315 [1957]), and thereby beyond the bounds of the privilege (see People v Melski, 10 NY2d 78, 81 [1961]). | 1 | 1 |
Ossining Union Free School District v. Andersongreen1 sentence2006Co. of Am. v Dewey, Ballantine, Bushby, Palmer & Wood, 80 NY2d 377, 383-385 ; Ossining Union Free School Dist. v Anderson LaRocca Anderson, 73 NY2d 417, 422-426 [1989]; Chaikovska v Ernst & Young, LLP, supra at 1325-1326) and the situation presented here falls squarely within the bounds of the rule, the plaintiffs’ individual negligence claims against the accountants must be reinstated. | 1 | 1 |
People v. Hollmangreen1 sentence2005Such requests are precisely the kind of nonthreatening, nonaccusatory questions that are appropriate in a level I police inquiry (see Ocasio, 85 NY2d at 985 ; Hollman, 79 NY2d at 185, 191 ; People v Faines, 297 AD2d 590, 593 [2002], lv denied 99 NY2d 558 [2002]; Heston, 152 AD2d at 1000; and see Immigration & Naturalization Serv. v Delgado, 466 US 210, 216 [1984] [“interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure”]). | 1 | 1 |
People v. Wenstleygreen1 sentence2005Such requests are precisely the kind of nonthreatening, nonaccusatory questions that are appropriate in a level I police inquiry (see Ocasio, 85 NY2d at 985 ; Hollman, 79 NY2d at 185, 191 ; People v Faines, 297 AD2d 590, 593 [2002], lv denied 99 NY2d 558 [2002]; Heston, 152 AD2d at 1000; and see Immigration & Naturalization Serv. v Delgado, 466 US 210, 216 [1984] [“interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure”]). | 1 | 1 |
Arent Fox Kintner Plotkin & Kahn, PLLC v. Lurzer GmbHgreen1 sentence2005Such requests are precisely the kind of nonthreatening, nonaccusatory questions that are appropriate in a level I police inquiry (see Ocasio, 85 NY2d at 985 ; Hollman, 79 NY2d at 185, 191 ; People v Faines, 297 AD2d 590, 593 [2002], lv denied 99 NY2d 558 [2002]; Heston, 152 AD2d at 1000; and see Immigration & Naturalization Serv. v Delgado, 466 US 210, 216 [1984] [“interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure”]). | 1 | 1 |
Immigration & Naturalization Service v. Delgadogreen1 sentence2005Such requests are precisely the kind of nonthreatening, nonaccusatory questions that are appropriate in a level I police inquiry (see Ocasio, 85 NY2d at 985 ; Hollman, 79 NY2d at 185, 191 ; People v Faines, 297 AD2d 590, 593 [2002], lv denied 99 NY2d 558 [2002]; Heston, 152 AD2d at 1000; and see Immigration & Naturalization Serv. v Delgado, 466 US 210, 216 [1984] [“interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure”]). | 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 |
|---|---|---|
Lakes v. Lavelle School for the Blind
green
2 sentences2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). 2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). | 4 | 2013–2014 |
People v. Francois
neutral
2 sentences2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). 2014The bounds of such an inquiry were not exceeded when, as a safety precaution, the greatly outnumbered officers, who did not draw their weapons, directed the group to stop and line up along a storefront (see People v Bora, 83 NY2d 531, 531-535 [1994]; People v Francois, 61 AD3d 524 , 525 [1st Dept 2009], affd 14 NY3d 732 [2010]; People v Herold, 282 AD2d 1, 7 [1st Dept 2001], lv denied 97 NY2d 682 [2001]). | 4 | 2013–2014 |
People v. Mejias
green
1 sentence2018Through this process, a judge may determine not only whether an inquiry of jurors is necessary, but also what the bounds of that inquiry should be, how to make that inquiry "probing and tactful" as required by Buford ( 69 NY2d at 299 ), as well as whether the alleged misconduct can be resolved through other means, such as a curative instruction to the jury as a whole ( see Mejias , 21 NY3d at 80 ). | 1 | 2018–2018 |
People v. Buford
green
1 sentence2018Through this process, a judge may determine not only whether an inquiry of jurors is necessary, but also what the bounds of that inquiry should be, how to make that inquiry "probing and tactful" as required by Buford ( 69 NY2d at 299 ), as well as whether the alleged misconduct can be resolved through other means, such as a curative instruction to the jury as a whole ( see Mejias , 21 NY3d at 80 ). | 1 | 2018–2018 |
People v. Overlee
green
1 sentence2015To the extent that the prosecutor strayed, on isolated occasions, beyond the proper bounds of inquiry or argument, the court’s prompt curative actions minimized any prejudice (see People v Santiago, 52 NY2d 865 [1981]), and defendant was not deprived of a fair trial (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). | 1 | 2015–2015 |
People v. Santiago
green
1 sentence2015To the extent that the prosecutor strayed, on isolated occasions, beyond the proper bounds of inquiry or argument, the court’s prompt curative actions minimized any prejudice (see People v Santiago, 52 NY2d 865 [1981]), and defendant was not deprived of a fair trial (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). | 1 | 2015–2015 |
People v. McDaniel
green
1 sentence2009Moreover, the improper admission of prior consistent statements is amenable to harmless error analysis (People v McDaniel, 81 NY2d at 20 ; People v Walsh, 289 AD2d at 518; People v McMillian, 139 AD2d 674, 675 [1988]), and, upon this record, “there is no significant probability that the defendant would have been acquitted had the testimony about the prior consistent statements been excluded” (People v Bailey, 272 AD2d 621, 622 [2000]; see also People v Neznanyj, 12 Misc 3d 143[A] , 2006 NY Slip Op 51423[U] [2006]). | 1 | 2009–2009 |
People v. Suitte
green
1 sentence2008The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). | 1 | 2008–2008 |
Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & Wood
green
1 sentence2006Co. of Am. v Dewey, Ballantine, Bushby, Palmer & Wood, 80 NY2d 377, 383-385 ; Ossining Union Free School Dist. v Anderson LaRocca Anderson, 73 NY2d 417, 422-426 [1989]; Chaikovska v Ernst & Young, LLP, supra at 1325-1326) and the situation presented here falls squarely within the bounds of the rule, the plaintiffs’ individual negligence claims against the accountants must be reinstated. | 1 | 2006–2006 |
People v. Ocasio
green
1 sentence2005Such requests are precisely the kind of nonthreatening, nonaccusatory questions that are appropriate in a level I police inquiry (see Ocasio, 85 NY2d at 985 ; Hollman, 79 NY2d at 185, 191 ; People v Faines, 297 AD2d 590, 593 [2002], lv denied 99 NY2d 558 [2002]; Heston, 152 AD2d at 1000; and see Immigration & Naturalization Serv. v Delgado, 466 US 210, 216 [1984] [“interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure”]). | 1 | 2005–2005 |
People v. Condon
green
1 sentence1981Furthermore, the prosecution did not introduce collateral evidence of the details of the Kurek robbery so as to overstep the bounds of this exception (see People v Condon, supra). | 1 | 1981–1981 |
Andrews v. . Gardiner
green
1 sentence1969Since there can be no dispute or question that ‘ ‘ [t]he privilege embraces anything that may possibly be pertinent ’ ’ (Andrews v. Gardiner, 224 N. Y. 440, 445 ), it follows that a statement, made in open court in the course of a judicial proceeding, is absolutely privileged if, by any view or under any circumstances, it may be considered pertinent to the litigation. | 1 | 1969–1969 |
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.