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14 New York opinions name it 1 courts 1996–2022 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.
| Case | Followed | Cited |
|---|---|---|
People v. Alcockgreen2 sentences2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). 2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). | 3 | 3 |
People v. Scerbogreen2 sentences2012In any event, in its jury charge, the court properly instructed the jury that the evidence could be considered only as evidence of defendant’s consciousness of guilt, and the jury is presumed to have followed that instruction (see People v Wallace, 59 AD3d 1069, 1070 [2009], lv denied 12 NY3d 861 [2009]). 2012In any event, in its jury charge, the court properly instructed the jury that the evidence could be considered only as evidence of defendant’s consciousness of guilt, and the jury is presumed to have followed that instruction (see People v Wallace, 59 AD3d 1069, 1070 [2009], lv denied 12 NY3d 861 [2009]). | 2 | 3 |
People v. Burnellgreen2 sentences2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). 2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). | 2 | 3 |
People v. Culvergreen2 sentences2013Next, the suppression testimony amply supports County Court’s finding, after a Huntley hearing, that the People proved beyond a reasonable doubt that defendant’s statements to police were voluntarily made after a valid and knowing waiver of his Miranda rights (see People v Mattis, 108 AD3d 872, 874 [2013], lv denied 22 NY3d 957 [Oct. 7, 2013]; People v Culver, 69 AD3d 976, 976-977 [2010]). 2013Next, the suppression testimony amply supports County Court’s finding, after a Huntley hearing, that the People proved beyond a reasonable doubt that defendant’s statements to police were voluntarily made after a valid and knowing waiver of his Miranda rights (see People v Mattis, 108 AD3d 872, 874 [2013], lv denied 22 NY3d 957 [Oct. 7, 2013]; People v Culver, 69 AD3d 976, 976-977 [2010]). | 2 | 2 |
People v. Gregorygreen2 sentences2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). 2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). | 2 | 2 |
People v. Nashgreen2 sentences2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto 2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto | 2 | 2 |
People v. Buchanangreen2 sentences2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto 2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto | 2 | 2 |
People v. Demminggreen2 sentences2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto 2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto | 2 | 2 |
People v. Sanatgreen2 sentences2013Next, the suppression testimony amply supports County Court’s finding, after a Huntley hearing, that the People proved beyond a reasonable doubt that defendant’s statements to police were voluntarily made after a valid and knowing waiver of his Miranda rights (see People v Mattis, 108 AD3d 872, 874 [2013], lv denied 22 NY3d 957 [Oct. 7, 2013]; People v Culver, 69 AD3d 976, 976-977 [2010]). 2013Next, the suppression testimony amply supports County Court’s finding, after a Huntley hearing, that the People proved beyond a reasonable doubt that defendant’s statements to police were voluntarily made after a valid and knowing waiver of his Miranda rights (see People v Mattis, 108 AD3d 872, 874 [2013], lv denied 22 NY3d 957 [Oct. 7, 2013]; People v Culver, 69 AD3d 976, 976-977 [2010]). | 2 | 2 |
People v. Archergreen2 sentences2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). 2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). | 2 | 2 |
People v. Kukongreen2 sentences2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). 2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). | 2 | 2 |
People v. Westerlinggreen2 sentences2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . 2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . | 2 | 2 |
People v. Santarelligreen2 sentences2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . 2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . | 2 | 2 |
People v. Ricegreen1 sentence1996Reviewing this issue "[a]s a matter of discretion in the interest of justice” (CPL 470.15 [3] [c]), we determine that in light of defendant’s inculpatory statements concerning his commission of forcible sodomy upon this victim, combined with the victim’s testimony, there was overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230 ; People v Williams, 197 AD2d 722 , lv denied 82 NY2d 905 ) and thus any error resulting therefrom is deemed harmless (see, People v Rice, supra, at 932; People v Harper, 144 AD2d 946 , lv denied 73 NY2d 892 ). | 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. Burkett
green
2 sentences2013While a contemporaneous limiting instruction is preferred (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]), none was requested, and the court gave such an instruction shortly after Bonnar’s testimony and in its final charge. 2013While a contemporaneous limiting instruction is preferred (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]), none was requested, and the court gave such an instruction shortly after Bonnar’s testimony and in its final charge. | 4 | 2013–2013 |
People v. Adams
green
2 sentences2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). 2012Defendant failed to preserve for our review his further contention that the court should have provided a contemporaneous limiting instruction inasmuch as he failed to request such an instruction (see People v Burnell, 89 AD3d 1118, 1121 [2011], lv denied 18 NY3d 922 [2012]; see generally People v Sommerville, 30 AD3d 1093, 1094-1095 [2006]). | 3 | 2012–2012 |
People v. Wells
green
2 sentences2012In any event, in its jury charge, the court properly instructed the jury that the evidence could be considered only as evidence of defendant’s consciousness of guilt, and the jury is presumed to have followed that instruction (see People v Wallace, 59 AD3d 1069, 1070 [2009], lv denied 12 NY3d 861 [2009]). 2012In any event, in its jury charge, the court properly instructed the jury that the evidence could be considered only as evidence of defendant’s consciousness of guilt, and the jury is presumed to have followed that instruction (see People v Wallace, 59 AD3d 1069, 1070 [2009], lv denied 12 NY3d 861 [2009]). | 3 | 2012–2012 |
People v. McCrary
green
2 sentences2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto 2013Although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge (see People v Burkett, 101 AD3d 1468 , 1471 n 3 [2012], lv denied 20 NY3d 1096 [2013]; People v Nash, 87 AD3d 757, 759 [2011], lv denied 17 NY3d 954 [2011]; cf. People v Buchanan, 95 AD3d 1433, 1436-1437 [2012]). 2 Finally, we have reviewed defendant’s remaining claims, including those regarding the prosecutor’s summation, and do not find that the prosecutor engaged in a “flagrant and pervasive pattern of prosecuto | 2 | 2013–2013 |
People v. Justice
green
2 sentences2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). 2013People v Kukon, 275 AD2d 478, 479 [2000], lv denied 95 NY2d 936 [2000]; People v Archer, 232 AD2d 820, 822 [1996], lv denied 90 NY2d 938 [1997]; cf. People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Gregory, 78 AD3d 1246, 1247-1248 [2010], lv denied 16 NY3d 831 [2011]). | 2 | 2013–2013 |
People v. Thibeault
green
2 sentences2012While some of the background information consisted of hearsay statements of the victim or was based thereon, no hearsay objections were raised during trial but, in any event, the testimony was admissible on the issue of the victim’s state of mind related to and fear of defendant and to explain her behavior toward him (see People v Thibeault, 73 AD3d at 1241-1242 ). 2012While some of the background information consisted of hearsay statements of the victim or was based thereon, no hearsay objections were raised during trial but, in any event, the testimony was admissible on the issue of the victim’s state of mind related to and fear of defendant and to explain her behavior toward him (see People v Thibeault, 73 AD3d at 1241-1242 ). | 2 | 2012–2012 |
People v. Gorham
green
2 sentences2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . 2012While we have said that a court should ordinarily give a contemporaneous limiting instruction at the time uncharged bad act evidence is elicited (see People v Westerling, 48 AD3d at 967; People v Gorham, 17 AD3d at 861 n; see also People v Santarelli, 49 NY2d 241, 254 [1980]), no request for such an instruction was made here. . | 2 | 2012–2012 |
People v. Mitchell
green
1 sentence2022Moreover, although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge ( see People v Mitchell , 112 AD3d 1071, 1073 ; People v Norman , 40 AD3d 1128, 1129-1130 ; People v Thomas , 26 AD3d 241, 242 ). | 1 | 2022–2022 |
People v. Thomas
green
1 sentence2022Moreover, although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge ( see People v Mitchell , 112 AD3d 1071, 1073 ; People v Norman , 40 AD3d 1128, 1129-1130 ; People v Thomas , 26 AD3d 241, 242 ). | 1 | 2022–2022 |
People v. Nolcox
green
1 sentence2022Moreover, although a contemporaneous limiting instruction should ordinarily be provided, defense counsel did not request one and the court properly instructed the jury during its final charge ( see People v Mitchell , 112 AD3d 1071, 1073 ; People v Norman , 40 AD3d 1128, 1129-1130 ; People v Thomas , 26 AD3d 241, 242 ). | 1 | 2022–2022 |
People v. Leitzsey
green
1 sentence1999The defendant’s contention that the failure of the Supreme Court to give a contemporaneous limiting instruction constituted reversible error is unpreserved for appellate review (see, CPL 470.05 [2]; People v Leitzsey, 173 AD2d 488 ). | 1 | 1999–1999 |
People v. Harper
neutral
1 sentence1996Reviewing this issue "[a]s a matter of discretion in the interest of justice” (CPL 470.15 [3] [c]), we determine that in light of defendant’s inculpatory statements concerning his commission of forcible sodomy upon this victim, combined with the victim’s testimony, there was overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230 ; People v Williams, 197 AD2d 722 , lv denied 82 NY2d 905 ) and thus any error resulting therefrom is deemed harmless (see, People v Rice, supra, at 932; People v Harper, 144 AD2d 946 , lv denied 73 NY2d 892 ). | 1 | 1996–1996 |
People v. Williams
neutral
1 sentence1996While the record fails to reveal that defendant adequately preserved this issue for our review (see, People v Williams, 75 NY2d 858 ; People v Simmons, 218 AD2d 677 , lv dismissed 87 NY2d 850 ), we do find that such testimony had, in fact, exceeded the noted exception, yet recognize that County Court, sua sponte, gave a contemporaneous limiting instruction to the jury. | 1 | 1996–1996 |
People v. Williams
neutral
1 sentence1996Reviewing this issue "[a]s a matter of discretion in the interest of justice” (CPL 470.15 [3] [c]), we determine that in light of defendant’s inculpatory statements concerning his commission of forcible sodomy upon this victim, combined with the victim’s testimony, there was overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230 ; People v Williams, 197 AD2d 722 , lv denied 82 NY2d 905 ) and thus any error resulting therefrom is deemed harmless (see, People v Rice, supra, at 932; People v Harper, 144 AD2d 946 , lv denied 73 NY2d 892 ). | 1 | 1996–1996 |
People v. Simmons
green
1 sentence1996While the record fails to reveal that defendant adequately preserved this issue for our review (see, People v Williams, 75 NY2d 858 ; People v Simmons, 218 AD2d 677 , lv dismissed 87 NY2d 850 ), we do find that such testimony had, in fact, exceeded the noted exception, yet recognize that County Court, sua sponte, gave a contemporaneous limiting instruction to the jury. | 1 | 1996–1996 |
People v. Crimmins
green
1 sentence1996Reviewing this issue "[a]s a matter of discretion in the interest of justice” (CPL 470.15 [3] [c]), we determine that in light of defendant’s inculpatory statements concerning his commission of forcible sodomy upon this victim, combined with the victim’s testimony, there was overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230 ; People v Williams, 197 AD2d 722 , lv denied 82 NY2d 905 ) and thus any error resulting therefrom is deemed harmless (see, People v Rice, supra, at 932; People v Harper, 144 AD2d 946 , lv denied 73 NY2d 892 ). | 1 | 1996–1996 |
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.