12 New York opinions name it 4 courts 1985–2025 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. Mendozagreen2 sentences2025Gursey and VTL 1194 hearings are also ordered ( see People v Mendoza , 82 NY2d 415, 429-30 [1993] ["considerations of judicial economy militate in favor" of granting hearings rather than summarily denying for perceived pleading deficiencies when "the hearing is grounded in the same facts involving the same police witnesses" as other hearings granted by the court]; People v Otero , 51 AD3d 553, 554 [1st Dept 2008] ["the interest of judicial economy militates in favor of the court's conducting a hearing on the entire suppression motion in the exercise of its discretion despite a perceived pleadi 2008In any event, we note that the claim involving the jacket is “grounded in the same facts involving the same police witnesses” (People v Mendoza, 82 NY2d 415, 429 [1993]) as the claims regarding which defendant is undisputedly entitled to a hearing, and “given that CPL 710.60 (3) merely permits, but does not mandate summary denial, the interest of judicial economy militates in favor of the court’s conducting a hearing on the [entire] suppression motion in the exercise of its discretion despite a perceived pleading deficiency” (People v Rivera, 42 AD3d 160, 161 [2007]). | 2 | 2 |
In re the Estate of Camardagreen2 sentences2012In any event, £i[a]s the [executor] of decedent’s estate, it was incumbent upon petitioner to maintain ‘clear and accurate records,’ absent which ‘all presumptions . . . and all doubts are to be resolved adversely to [him]’ ” (Matter of Mink, 91 AD3d at 1063-1064 , quoting Matter of Camareta, 63 AD2d 837, 837 [1978]). 2012In any event, £i[a]s the [executor] of decedent’s estate, it was incumbent upon petitioner to maintain ‘clear and accurate records,’ absent which ‘all presumptions . . . and all doubts are to be resolved adversely to [him]’ ” (Matter of Mink, 91 AD3d at 1063-1064 , quoting Matter of Camareta, 63 AD2d 837, 837 [1978]). | 2 | 2 |
People v. Oterogreen1 sentence2025Gursey and VTL 1194 hearings are also ordered ( see People v Mendoza , 82 NY2d 415, 429-30 [1993] ["considerations of judicial economy militate in favor" of granting hearings rather than summarily denying for perceived pleading deficiencies when "the hearing is grounded in the same facts involving the same police witnesses" as other hearings granted by the court]; People v Otero , 51 AD3d 553, 554 [1st Dept 2008] ["the interest of judicial economy militates in favor of the court's conducting a hearing on the entire suppression motion in the exercise of its discretion despite a perceived pleadi | 1 | 1 |
In re Lucinda R.green1 sentence2017Furthermore, section 1061 sets forth no timetable for holding such a hearing and, given the Family Court’s ever-burgeoning docket, it is certainly conceivable that a parent temporarily excluded from contact with his children could wait many weeks or months before a hearing on his request to reunite with them is conducted under that statute (see Matter of Lucinda R. [Tabitha L.], 85 AD3d at 81 [observing that the hearing pursuant to Family Ct Act § 1061 in that case was not held for nearly 18 months]). | 1 | 1 |
State v. Floyd Y.green1 sentence2014Prior to Hamilton , one New York State jurist suggested that “a court conducting a hearing on a claim of innocence should admit into evidence any reliable evidence whether in admissible form or not.” (People v Cole at 543 .) In contrast, the Court of Appeals has held that due process “protects against the admission of unreliable hearsay evidence, where such hearsay is more prejudicial than probative.” (Matter of State of New York v Floyd Y., 22 NY3d 95, 98 [2013] [emphasis added].) In the context of an accused presenting trial evidence, courts have recognized a constitutionally based exception | 1 | 1 |
People v. Riveragreen1 sentence2008In any event, we note that the claim involving the jacket is “grounded in the same facts involving the same police witnesses” (People v Mendoza, 82 NY2d 415, 429 [1993]) as the claims regarding which defendant is undisputedly entitled to a hearing, and “given that CPL 710.60 (3) merely permits, but does not mandate summary denial, the interest of judicial economy militates in favor of the court’s conducting a hearing on the [entire] suppression motion in the exercise of its discretion despite a perceived pleading deficiency” (People v Rivera, 42 AD3d 160, 161 [2007]). | 1 | 1 |
Herrera v. Collinsgreen1 sentence2003In this respect, a court conducting a hearing on a claim of innocence should admit into evidence any reliable evidence whether in admissible form or not (see Bousley, 523 US at 623-624; Schlup, 513 US at 327-328 ; Herrera, 506 US at 443 [Blackmun, J., dissenting, joined by Stevens and Souter, JJ.]). | 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 |
|---|---|---|
In re the Estate of Mink
green
2 sentences2012In any event, £i[a]s the [executor] of decedent’s estate, it was incumbent upon petitioner to maintain ‘clear and accurate records,’ absent which ‘all presumptions . . . and all doubts are to be resolved adversely to [him]’ ” (Matter of Mink, 91 AD3d at 1063-1064 , quoting Matter of Camareta, 63 AD2d 837, 837 [1978]). 2012In any event, £i[a]s the [executor] of decedent’s estate, it was incumbent upon petitioner to maintain ‘clear and accurate records,’ absent which ‘all presumptions . . . and all doubts are to be resolved adversely to [him]’ ” (Matter of Mink, 91 AD3d at 1063-1064 , quoting Matter of Camareta, 63 AD2d 837, 837 [1978]). | 2 | 2012–2012 |
In re the Estate of Schnare
green
2 sentences2012Moreover, because the legitimacy of most, if not all, of Betz’s objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see Matter of Schnare, 191 AD2d at 860-861 ). 2012Moreover, because the legitimacy of most, if not all, of Betz’s objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see Matter of Schnare, 191 AD2d at 860-861 ). | 2 | 2012–2012 |
Shultis v. Woodstock Land Development Associates
green
1 sentence2020Assoc. , 195 AD2d 677, 678 ). | 1 | 2020–2020 |
Schlup v. Delo
red
1 sentence2003In this respect, a court conducting a hearing on a claim of innocence should admit into evidence any reliable evidence whether in admissible form or not (see Bousley, 523 US at 623-624; Schlup, 513 US at 327-328 ; Herrera, 506 US at 443 [Blackmun, J., dissenting, joined by Stevens and Souter, JJ.]). | 1 | 2003–2003 |
In Re the Accounting of Sickels
green
1 sentence1993Inasmuch as the legitimacy of most, if not all, of the objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see, Matter of Meister, 123 AD2d 264 ; Matter of Cameron, 165 Misc 792 , affd 253 App Div 888 , affd 278 NY 352 ; see generally, 29 Carmody-Wait 2d, Surrogate’s Court & Estate Prac § 166.180, at 416-417). | 1 | 1993–1993 |
In re the Estate of Cameron
neutral
1 sentence1993Inasmuch as the legitimacy of most, if not all, of the objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see, Matter of Meister, 123 AD2d 264 ; Matter of Cameron, 165 Misc 792 , affd 253 App Div 888 , affd 278 NY 352 ; see generally, 29 Carmody-Wait 2d, Surrogate’s Court & Estate Prac § 166.180, at 416-417). | 1 | 1993–1993 |
In re the Estate of Meister
neutral
1 sentence1993Inasmuch as the legitimacy of most, if not all, of the objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see, Matter of Meister, 123 AD2d 264 ; Matter of Cameron, 165 Misc 792 , affd 253 App Div 888 , affd 278 NY 352 ; see generally, 29 Carmody-Wait 2d, Surrogate’s Court & Estate Prac § 166.180, at 416-417). | 1 | 1993–1993 |
Holland v. Valentine
neutral
1 sentence1993Inasmuch as the legitimacy of most, if not all, of the objections was apparent from a plain reading of the account, no factual issues were presented which would necessitate the conducting of a hearing (see, Matter of Meister, 123 AD2d 264 ; Matter of Cameron, 165 Misc 792 , affd 253 App Div 888 , affd 278 NY 352 ; see generally, 29 Carmody-Wait 2d, Surrogate’s Court & Estate Prac § 166.180, at 416-417). | 1 | 1993–1993 |
People v. McElhearn
green
1 sentence1992While in matrimonial matters the insertion of the financial inability to pay defense in response to a contempt application often requires the conducting of a hearing (see, e.g., Wachob v Wachob, 179 AD2d 912 ; Boritzer v Boritzer, 137 AD2d 477 ; Hough v Hough, supra; Hickland v Hickland, supra), these cases are not to be read as requiring a hearing in every instance where the financial inability defense is raised; demonstrated factual issues must still exist (cf., Passonno v Passonno, 73 AD2d 718 ). | 1 | 1992–1992 |
Passonno v. Passonno
neutral
1 sentence1992While in matrimonial matters the insertion of the financial inability to pay defense in response to a contempt application often requires the conducting of a hearing (see, e.g., Wachob v Wachob, 179 AD2d 912 ; Boritzer v Boritzer, 137 AD2d 477 ; Hough v Hough, supra; Hickland v Hickland, supra), these cases are not to be read as requiring a hearing in every instance where the financial inability defense is raised; demonstrated factual issues must still exist (cf., Passonno v Passonno, 73 AD2d 718 ). | 1 | 1992–1992 |
Hough v. Hough
neutral
1 sentence1992While in matrimonial matters the insertion of the financial inability to pay defense in response to a contempt application often requires the conducting of a hearing (see, e.g., Wachob v Wachob, 179 AD2d 912 ; Boritzer v Boritzer, 137 AD2d 477 ; Hough v Hough, supra; Hickland v Hickland, supra), these cases are not to be read as requiring a hearing in every instance where the financial inability defense is raised; demonstrated factual issues must still exist (cf., Passonno v Passonno, 73 AD2d 718 ). | 1 | 1992–1992 |
Boritzer v. Boritzer
green
1 sentence1992While in matrimonial matters the insertion of the financial inability to pay defense in response to a contempt application often requires the conducting of a hearing (see, e.g., Wachob v Wachob, 179 AD2d 912 ; Boritzer v Boritzer, 137 AD2d 477 ; Hough v Hough, supra; Hickland v Hickland, supra), these cases are not to be read as requiring a hearing in every instance where the financial inability defense is raised; demonstrated factual issues must still exist (cf., Passonno v Passonno, 73 AD2d 718 ). | 1 | 1992–1992 |
Wachob v. Wachob
neutral
1 sentence1992While in matrimonial matters the insertion of the financial inability to pay defense in response to a contempt application often requires the conducting of a hearing (see, e.g., Wachob v Wachob, 179 AD2d 912 ; Boritzer v Boritzer, 137 AD2d 477 ; Hough v Hough, supra; Hickland v Hickland, supra), these cases are not to be read as requiring a hearing in every instance where the financial inability defense is raised; demonstrated factual issues must still exist (cf., Passonno v Passonno, 73 AD2d 718 ). | 1 | 1992–1992 |
Darvin M. v. Jacobs
green
1 sentence1989The appearance of representatives of the Department of Probation as advocates at the violation proceedings was not improper (see, Matter of Darvin M. v Jacobs, 69 NY2d 957 ). | 1 | 1989–1989 |
People v. Corti
green
1 sentence1985Finally, because defendant pleaded guilty prior to the conducting of a hearing to determine the admissibility of identification testimony, defendant’s plea constituted a waiver of a right to have such suppression issue decided (People v Corti, 88 AD2d 345). | 1 | 1985–1985 |
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.