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12 New York opinions name it 1 courts 1978–2021 2 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. Vinsongreen2 sentences2021However, it should have inquired further and ascertained whether they were unable to render an impartial verdict, rather than discharging them as grossly unqualified based solely on the conclusion that, by prematurely deliberating, they had violated the court's instructions not to discuss the case ( see People v Buford , 69 NY2d 290, 298-299 [1987]; People v Vinson , 143 AD2d 702, 703 [2d Dept 1988], lv denied 73 NY2d 897 [1989]). 2021However, it should have inquired further and ascertained whether they were unable to render an impartial verdict, rather than discharging them as grossly unqualified based solely on the conclusion that, by prematurely deliberating, they had violated the court's instructions not to discuss the case ( see People v Buford , 69 NY2d 290, 298-299 [1987]; People v Vinson , 143 AD2d 702, 703 [2d Dept 1988], lv denied 73 NY2d 897 [1989]). | 2 | 2 |
People v. Bufordgreen2 sentences2021However, it should have inquired further and ascertained whether they were unable to render an impartial verdict, rather than discharging them as grossly unqualified based solely on the conclusion that, by prematurely deliberating, they had violated the court's instructions not to discuss the case ( see People v Buford , 69 NY2d 290, 298-299 [1987]; People v Vinson , 143 AD2d 702, 703 [2d Dept 1988], lv denied 73 NY2d 897 [1989]). 2021However, it should have inquired further and ascertained whether they were unable to render an impartial verdict, rather than discharging them as grossly unqualified based solely on the conclusion that, by prematurely deliberating, they had violated the court's instructions not to discuss the case ( see People v Buford , 69 NY2d 290, 298-299 [1987]; People v Vinson , 143 AD2d 702, 703 [2d Dept 1988], lv denied 73 NY2d 897 [1989]). | 2 | 2 |
In the Matter of Es v. Pdgreen1 sentence2017The court properly conducted a hearing on the issue and considered all the relevant factors, including the nature and basis of the respondent parents’ objection to the grandmother’s visitation with the subject child and the nature of the grandmother’s relationship with the child (Karr v Black, 55 AD3d 82, 85 [1st Dept 2008], lv denied 11 NY3d 712 *648 [2008]; see also Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]). | 1 | 1 |
Karr v. Blackgreen1 sentence2017The court properly conducted a hearing on the issue and considered all the relevant factors, including the nature and basis of the respondent parents’ objection to the grandmother’s visitation with the subject child and the nature of the grandmother’s relationship with the child (Karr v Black, 55 AD3d 82, 85 [1st Dept 2008], lv denied 11 NY3d 712 *648 [2008]; see also Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]). | 1 | 1 |
Iozzo v. Westchester Country Clubgreen1 sentence2017The court properly conducted a hearing on the issue and considered all the relevant factors, including the nature and basis of the respondent parents’ objection to the grandmother’s visitation with the subject child and the nature of the grandmother’s relationship with the child (Karr v Black, 55 AD3d 82, 85 [1st Dept 2008], lv denied 11 NY3d 712 *648 [2008]; see also Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]). | 1 | 1 |
Tracy C.O. v. Douglas A.F.green1 sentence2015The court properly conducted a hearing to determine whether the best interests of the child required the application of that doctrine (see generally Matter of Tracy C.O. v Douglas A.F., 66 AD3d 1390, 1392 [2009]), and the evidence from that hearing supports the court’s conclusion that Kevin does not have any meaningful bond with the subject child. | 1 | 1 |
Fidel A. v. Sharon N.green1 sentence2015The evidence also supports the court’s further conclusion that the child recognized Robert as her father for her entire life until petitioner attempted to remove Robert from the child’s life, that petitioner permitted Robert to be the child’s primary caregiver and to develop a close and loving bond with Robert during that time, and that it would be “detrimental to the child’s interests to disrupt her close relationship” with Robert (Matter of Fidel A. v Sharon N., 71 AD3d 437, 437 [2010]; see Matter of John S. v Imari W., 121 AD3d 538, 538 [2014]). | 1 | 1 |
Matter of John S. v. Imari W.green1 sentence2015The evidence also supports the court’s further conclusion that the child recognized Robert as her father for her entire life until petitioner attempted to remove Robert from the child’s life, that petitioner permitted Robert to be the child’s primary caregiver and to develop a close and loving bond with Robert during that time, and that it would be “detrimental to the child’s interests to disrupt her close relationship” with Robert (Matter of Fidel A. v Sharon N., 71 AD3d 437, 437 [2010]; see Matter of John S. v Imari W., 121 AD3d 538, 538 [2014]). | 1 | 1 |
MATTER OF MOSHER v. New York State Racing & Wagering Bd.green1 sentence2009Respondent must make an initial showing that a properly conducted test resulted in a positive finding of a prohibited substance (see Matter of Mosher v New York State Racing & Wagering Bd., 74 NY2d 688, 690 [1989]; Matter of Guarino v New York State Racing & Wagering Bd., 45 AD3d 1096, 1097 [2007], lv denied 10 NY3d 730 [2008]). | 1 | 1 |
Guarino v. New York State Racing & Wagering Boardgreen1 sentence2009Respondent must make an initial showing that a properly conducted test resulted in a positive finding of a prohibited substance (see Matter of Mosher v New York State Racing & Wagering Bd., 74 NY2d 688, 690 [1989]; Matter of Guarino v New York State Racing & Wagering Bd., 45 AD3d 1096, 1097 [2007], lv denied 10 NY3d 730 [2008]). | 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 |
|---|---|---|
Matter of Camellia R. W. (Anonymous) v. Ann M. (Anonymous)
green
1 sentence2019Here, we conclude that the court properly conducted a hearing that addressed both the alleged violations of the suspended judgment and the children's best interests, and there was no need for an additional hearing ( see id. ; Matter of Jeremiah J.W. [Tionna W.] , 134 AD3d 848 , 849 [2d Dept 2015], lv dismissed 27 NY3d 1061 [2016]). | 1 | 2019–2019 |
Gonzalez v. Hunter
green
1 sentence2019Here, we conclude that the court properly conducted a hearing that addressed both the alleged violations of the suspended judgment and the children's best interests, and there was no need for an additional hearing ( see id. ; Matter of Jeremiah J.W. [Tionna W.] , 134 AD3d 848 , 849 [2d Dept 2015], lv dismissed 27 NY3d 1061 [2016]). | 1 | 2019–2019 |
In THE MATTER OF FLEMMING v. Boyle
neutral
1 sentence2009Respondent must make an initial showing that a properly conducted test resulted in a positive finding of a prohibited substance (see Matter of Mosher v New York State Racing & Wagering Bd., 74 NY2d 688, 690 [1989]; Matter of Guarino v New York State Racing & Wagering Bd., 45 AD3d 1096, 1097 [2007], lv denied 10 NY3d 730 [2008]). | 1 | 2009–2009 |
Morrissey v. Safir
neutral
1 sentence2007As to the disposition of defendant’s Batson objections, the court properly conducted an analysis of the People’s peremptory challenges and concluded that the prosecutor’s race-neutral explanations were not pretextual (see People v Simpson, 254 AD2d 150 [1998], lv denied 92 NY2d 1038 [1998]). | 1 | 2007–2007 |
People v. Quamina
green
1 sentence2002The record supports the court’s determination that defendant waived her right to be present at the suppression hearing (see, People v Quamina, 161 AD2d 1110, 1111 , lv denied 76 NY2d 943 ), and the court properly conducted the hearing in her absence (see, People v Walker, 254 AD2d 824 , lv denied 92 NY2d 1055 ). | 1 | 2002–2002 |
People v. Walker
neutral
1 sentence2002The record supports the court’s determination that defendant waived her right to be present at the suppression hearing (see, People v Quamina, 161 AD2d 1110, 1111 , lv denied 76 NY2d 943 ), and the court properly conducted the hearing in her absence (see, People v Walker, 254 AD2d 824 , lv denied 92 NY2d 1055 ). | 1 | 2002–2002 |
People v. Outley
green
2 sentences2001At sentencing, defendant denied any involvement in the events -leading to his arrest, and the court properly conducted an inquiry to allow him an opportunity to show that the arrest was without foundation (see, People v Outley, 80 NY2d 702, 713 ). 2001Based on the record before us, we conclude that there was a “legitimate basis for the arrest” (People v Outley, supra, at 713 ). | 1 | 2001–2001 |
People v. Letts
green
1 sentence1999Contrary to defendant’s contention, the court properly conducted a hearing on the suppression motion because the People did not concede the truth of the factual allegations supporting the motion (see, CPL 710.60 [2] [a]; People v Letts, 156 AD2d 868 ). | 1 | 1999–1999 |
People v. Leon
green
1 sentence1999The evidence is sufficient to corroborate defendant’s confession (see, CPL 60.50), even under the higher standard for corroborative evidence charged to the jury (see, People v Leon, 227 AD2d 925 ). | 1 | 1999–1999 |
People v. Thomas
neutral
1 sentence1992The record reveals that the defendant conferred with his attorney several times and the court properly conducted an inquiry to ensure that the defendant understood the nature of the charge, that the plea was intelligently and voluntarily entered into, and that the defendant did, in fact, possess the necessary criminal intent (see, People v Lopez, supra; People v Kalwasinski, 160 AD2d 732 ; People v Thomas, supra, at 530 ). | 1 | 1992–1992 |
People v. Kalwasinski
green
1 sentence1992The record reveals that the defendant conferred with his attorney several times and the court properly conducted an inquiry to ensure that the defendant understood the nature of the charge, that the plea was intelligently and voluntarily entered into, and that the defendant did, in fact, possess the necessary criminal intent (see, People v Lopez, supra; People v Kalwasinski, 160 AD2d 732 ; People v Thomas, supra, at 530 ). | 1 | 1992–1992 |
People v. Lopez
green
1 sentence1992The record reveals that the defendant conferred with his attorney several times and the court properly conducted an inquiry to ensure that the defendant understood the nature of the charge, that the plea was intelligently and voluntarily entered into, and that the defendant did, in fact, possess the necessary criminal intent (see, People v Lopez, supra; People v Kalwasinski, 160 AD2d 732 ; People v Thomas, supra, at 530 ). | 1 | 1992–1992 |
People v. East
neutral
1 sentence1978In light of defendant’s vigorous protestations of innocence and the absence of prejudice to the People, however, the interests of justice would have been better served had he been permitted to withdraw his guilty plea (see People v East, 39 AD2d 606 ). | 1 | 1978–1978 |
People v. McKennion
green
1 sentence1978The court properly conducted a hearing to determine whether defendant’s application had merit (People v McKennion, 27 NY2d 671, 673 ). | 1 | 1978–1978 |
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.