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12 New York opinions name it 2 courts 1991–2021 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. Heidegreen2 sentences2015Defendant’s contention that the prosecutor committed misconduct is unpreserved inasmuch as Supreme Court sustained defense counsel’s objections to the prosecutor’s questions at issue and gave the jury a curative instruction which, in the absence of further objection or a request for a mistrial, “must be deemed to have corrected the error to the defendant’s satisfaction” (People v Heide, 84 NY2d 943, 944 [1994]). 2015Defendant’s contention that the prosecutor committed misconduct is unpreserved inasmuch as Supreme Court sustained defense counsel’s objections to the prosecutor’s questions at issue and gave the jury a curative instruction which, in the absence of further objection or a request for a mistrial, “must be deemed to have corrected the error to the defendant’s satisfaction” (People v Heide, 84 NY2d 943, 944 [1994]). | 2 | 3 |
People v. Rileygreen2 sentences2015Defendant’s further contention that the court’s Sandoval ruling constitutes an abuse of discretion is similarly unpreserved (see People v Riley, 117 AD3d 1495, 1495-1496 [2014], lv denied 24 NY3d 1088 [2014]). 2015Defendant’s further contention that the court’s Sandoval ruling constitutes an abuse of discretion is similarly unpreserved (see People v Riley, 117 AD3d 1495, 1495-1496 [2014], lv denied 24 NY3d 1088 [2014]). | 2 | 3 |
People v. Baileygreen1 sentence2020DiFIORE, Chief Judge: This appeal by defendant presents the issue we found unpreserved on the appeal of his codefendant (People v Bailey, 32 NY3d 70, 82 [2018])—namely, whether the trial court abused its discretion as a matter of law in giving the jury a curative instruction and forgoing a Buford inquiry (People v Buford, 69 NY2d 290 [1987]) of a sworn juror after her mid- trial exclamation that she was “very offen[ded]” by the repetitive use of a racial slur by Bailey’s counsel while cross-examining the victim. | 1 | 1 |
The People v. Paul Williamsgreen1 sentence2020"It is a well-established principle of state evidentiary law that evidence of a defendant's pretrial silence is generally inadmissible" ( People v Williams , 25 NY3d 185, 190 [2015] [citation omitted]). | 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 |
|---|---|---|
Jarvis v. LaFarge North America, Inc.
green
1 sentence2021Further, the court did not err in refusing to give the jury a curative instruction advising them, inter alia, that the "defendants are indemnified" by the State of New York ( see generally Jarvis v LaFarge N. Am., Inc. [appeal No. 4], 52 AD3d 1179 , 1181 [4th Dept 2008], lv denied 11 NY3d 707 [2008]). | 1 | 2021–2021 |
People v. Ellis
green
1 sentence2021Further, the court did not err in refusing to give the jury a curative instruction advising them, inter alia, that the "defendants are indemnified" by the State of New York ( see generally Jarvis v LaFarge N. Am., Inc. [appeal No. 4], 52 AD3d 1179 , 1181 [4th Dept 2008], lv denied 11 NY3d 707 [2008]). | 1 | 2021–2021 |
People v. Turley
green
1 sentence2020Inasmuch as the jury is presumed to have followed the court's curative instruction, we conclude that "the curative instruction sufficiently alleviated any prejudice to defendant" ( Turley , 130 AD3d at 1576 ). | 1 | 2020–2020 |
People v. Buford
green
1 sentence2020DiFIORE, Chief Judge: This appeal by defendant presents the issue we found unpreserved on the appeal of his codefendant (People v Bailey, 32 NY3d 70, 82 [2018])—namely, whether the trial court abused its discretion as a matter of law in giving the jury a curative instruction and forgoing a Buford inquiry (People v Buford, 69 NY2d 290 [1987]) of a sworn juror after her mid- trial exclamation that she was “very offen[ded]” by the repetitive use of a racial slur by Bailey’s counsel while cross-examining the victim. | 1 | 2020–2020 |
People v. Young
green
1 sentence2002The trial court providently exercised its discretion in giving the jury a curative instruction, rather than granting the defendant’s request for a mistrial (see People v Young, 48 NY2d 995, 996 ). | 1 | 2002–2002 |
People v. Owens
green
1 sentence2000Since the curative instruction was precise, readily understood, and given at the first opportunity after the improper testimony had been heard, we presume that the jury understood and followed it (see, People v Owens, 214 AD2d 480, 481 , lv denied 86 NY2d 799 ). | 1 | 2000–2000 |
People v. Wilshire
green
1 sentence1997In our view, the prosecutor’s actions in eliciting the fact of defendant’s request for counsel and subsequent refusal to speak to the police was clearly improper (see, People v Conyers, 49 NY2d 174, 178-179 , on rearg 52 NY2d 454 ); however, under the circumstances of this case we conclude that the error was harmless (see, People v Stockwell, 184 AD2d 800, 801 , lv denied 80 NY2d 934 ). | 1 | 1997–1997 |
People v. Conyers
green
1 sentence1997In our view, the prosecutor’s actions in eliciting the fact of defendant’s request for counsel and subsequent refusal to speak to the police was clearly improper (see, People v Conyers, 49 NY2d 174, 178-179 , on rearg 52 NY2d 454 ); however, under the circumstances of this case we conclude that the error was harmless (see, People v Stockwell, 184 AD2d 800, 801 , lv denied 80 NY2d 934 ). | 1 | 1997–1997 |
People v. Conyers
green
1 sentence1997In our view, the prosecutor’s actions in eliciting the fact of defendant’s request for counsel and subsequent refusal to speak to the police was clearly improper (see, People v Conyers, 49 NY2d 174, 178-179 , on rearg 52 NY2d 454 ); however, under the circumstances of this case we conclude that the error was harmless (see, People v Stockwell, 184 AD2d 800, 801 , lv denied 80 NY2d 934 ). | 1 | 1997–1997 |
People v. Mann
neutral
1 sentence1995As a result, the court did not improvidently exercise its discretion by denying the defendant’s motion for a mistrial (see, People v McCallop, 159 AD2d 731 ). | 1 | 1995–1995 |
People v. Santiago
green
1 sentence1995The trial court in this case properly sustained defense objections to the testimony in question and promptly gave the jury a curative instruction, thereby obviating any prejudice to the defendant (see, People v Santiago, supra). | 1 | 1995–1995 |
People v. Shaw
neutral
1 sentence1991Since the defendant failed to request any further ameliorative action, "it must be assumed that any defect was cured to the defense counsel’s satisfaction” (People v Shaw, 150 AD2d 626, 627 , citing People v Medina, 53 NY2d 951, 953 ; see also, CPL 470.05 [2]). | 1 | 1991–1991 |
People v. Medina
green
1 sentence1991Since the defendant failed to request any further ameliorative action, "it must be assumed that any defect was cured to the defense counsel’s satisfaction” (People v Shaw, 150 AD2d 626, 627 , citing People v Medina, 53 NY2d 951, 953 ; see also, CPL 470.05 [2]). | 1 | 1991–1991 |
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.