13 New York opinions name it 5 courts 1904–2016 0 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. Marrerogreen2 sentences2015Penal Law § 15.20 (2) (d) relieves a person of criminal liability if he or she engaged in such conduct in reliance upon “an interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.” No government official issued a statement authorizing the conduct in question and, indeed, defendant was warned by governmental officials that his conduct was improper (see id.; see also Marrero, 69 NY2d at 385-386 ). 2015Penal Law § 15.20 (2) (d) relieves a person of criminal liability if he or she engaged in such conduct in reliance upon “an interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.” No government official issued a statement authorizing the conduct in question and, indeed, defendant was warned by governmental officials that his conduct was improper (see id.; see also Marrero, 69 NY2d at 385-386 ). | 3 | 3 |
People v. Smithgreen2 sentences2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). 2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). | 2 | 3 |
MATTER OF MOSHER v. New York State Racing & Wagering Bd.green1 sentence2011Petitioner argues that substantial evidence does not support respondent’s determination that he violated the rules prohibiting administering Robaxin and Naquasone within 72 hours of a race since the amounts of such drugs in the horse did not rise to the level of a positive test. * While the trainer’s responsibility rule creates a rebuttable presumption when a horse tests positive (see 9 NYCRR 4120.4; Matter of Mosher v New York State Racing & Wagering Bd., 74 NY2d 688, 690 [1989]), the regulation further provides that “[e]very trainer must guard each horse trained by him [or her] in such manne | 1 | 1 |
People v. Frasergreen1 sentence2011The “official statement of . . . law,” however, “must in fact authorize the conduct in question; a reasonable belief that the statement authorizes such conduct is insufficient” (Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 15.20, at 125-126 [internal quotation marks omitted]; see People v Fraser, 96 NY2d 318, 326 [2001]). | 1 | 1 |
Shuman v. New York State Racing & Wagering Boardgreen1 sentence2011Petitioner argues that substantial evidence does not support respondent’s determination that he violated the rules prohibiting administering Robaxin and Naquasone within 72 hours of a race since the amounts of such drugs in the horse did not rise to the level of a positive test. * While the trainer’s responsibility rule creates a rebuttable presumption when a horse tests positive (see 9 NYCRR 4120.4; Matter of Mosher v New York State Racing & Wagering Bd., 74 NY2d 688, 690 [1989]), the regulation further provides that “[e]very trainer must guard each horse trained by him [or her] in such manne | 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. Fayette
green
2 sentences2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). 2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). | 3 | 2015–2015 |
People v. Springer
green
2 sentences2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). 2015We further conclude that the court did not err in denying defendant’s request for a circumstantial evidence charge inasmuch as the People presented both direct and circumstantial evidence (see People v Smith, 90 AD3d 1565, 1566 [2011], lv denied 18 NY3d 998 [2012]; People v Stanford, 87 AD3d 1367 , 1369 [2011], lv denied 18 NY3d 886 [2012]). | 3 | 2015–2015 |
People v. Smocum
green
2 sentences2016Contrary to the majority’s assertion, my position is not based on any “presuppos[ition]” about which statements by jurors unidentified in the trial transcript “may be definitely assigned to Prosser,” but on the undeniable fact that it was the responsibility of defense counsel, if he believed that his client might have a viable Batson claim, to make a clear record as to which panelist said what “at a time when any ambiguity . . . could have been clarified” (Smocum, 99 NY2d at 423 ). 2016Contrary to the majority's assertion, my position is not based on any "presuppos[ition]" about which statements by jurors unidentified in the trial transcript "may be definitely assigned to Prosser," but on the undeniable fact that it was the responsibility of defense counsel, if he believed that his client might have a viable Batson claim, to make a clear record as to which panelist said what "at a time when any ambiguity . . . could have been clarified" ( Smocum , 99 NY2d at 423 ). | 1 | 2016–2016 |
Nowlin v. City of New York
green
1 sentence1998First, we agree with plaintiffs’ contention that, under Nowlin v City of New York ( 81 NY2d 81 ), the City is jointly responsible with the State for the safety of this arterial highway. | 1 | 1998–1998 |
Spencer v. Childs
neutral
1 sentence1995Co. v Corie, 206 Misc 720 , affd without opn 286 App Div 996 ; Holubetz v National Fire Ins. | 1 | 1995–1995 |
Home Indemnity Co. v. Corie
green
1 sentence1995Co. v Corie, 206 Misc 720 , affd without opn 286 App Div 996 ; Holubetz v National Fire Ins. | 1 | 1995–1995 |
Ashland Equities Co. v. Clerk
green
1 sentence1986With respect to their duties as clerks of the Supreme Court, however, they are in the service of the State and, therefore, are covered by section 17 of the Public Officers Law (§ 17[1][a]; Ashland Equities, supra, p 61 ). | 1 | 1986–1986 |
Dunlap v. Dunlap
green
1 sentence1973Dunlap v. Dunlap (1930), 84 N. H. 352, 150 Atl. 905 . ‘ ‘ A new and heavy burden would be added to the responsibility and privilege of parenthood, if within the wide scope of daily experiences common to the upbringing of children a parent could be subjected to a suit for damages for each failure to exercise care and judgment commensurate with the risk. | 1 | 1973–1973 |
Siegel v. 1536-46 St. John's Place Corp.
green
1 sentence1963John’s Place Corp., 184 Misc. 1053 ). | 1 | 1963–1963 |
American Employers Insurance v. Goble Aircraft Specialties, Inc.
green
1 sentence1959Co. v. Goble Aircraft Specialties, supra; Neiv York Cons. | 1 | 1959–1959 |
Conway v. . City of Rochester
neutral
1 sentence1904It is undoubtedly true as this court holds in Conway's Case ( 157 N.Y. 33 ) — speaking of municipalities as to which there is no legislation to be regarded as modification of section 98 of the Railroad Law — that under that section "the duty of *Page 212 keeping such portion of the streets in permanent repair [by the railroad company] is not suggested or advised, but is commanded." But that section must be read in connection with local statutes, where there are any bearing upon the subject, as is the case in the city of New York. | 1 | 1904–1904 |
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.