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12 New York opinions name it 2 courts 1999–2017 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 |
|---|---|---|
Chung v. New York City Board of Educationgreen2 sentences2017Preclusion of Expert Testimony The trial court properly precluded the proposed testimony of defense expert James Wiethorn, which not only was not based on facts in the record, but also contradicted facts in the record (see Chung v New York City Bd. of Educ., 136 AD3d 608, 609 [1st Dept 2016]; Guzman v 4030 Bronx Blvd. 2017Preclusion of Expert Testimony The trial court properly precluded the proposed testimony of defense expert James Wiethorn, which not only was not based on facts in the record, but also contradicted facts in the record (see Chung v New York City Bd. of Educ., 136 AD3d 608, 609 [1st Dept 2016]; Guzman v 4030 Bronx Blvd. | 5 | 5 |
People v. Schulzgreen2 sentences2012With respect to the proposed testimony of the defense witnesses, the court did not err in precluding those witnesses from testifying. “ ‘Remote acts, disconnected and outside of the crime itself, cannot be separately proved’ ” (People v Schulz, 4 NY3d 521, 529 [2005]). 2012With respect to the proposed testimony of the defense witnesses, the court did not err in precluding those witnesses from testifying. “ ‘Remote acts, disconnected and outside of the crime itself, cannot be separately proved’ ” (People v Schulz, 4 NY3d 521, 529 [2005]). | 2 | 3 |
People v. Evansgreen2 sentences2012Adhering to that statutory definition and the limited time frame encompassed by its express language, the proposed testimony of the defense witness “would not have accounted for the defendant’s whereabouts during the crime[s] or placed him away from the crime scene shortly thereafter,” and thus he was not in fact offering alibi testimony (People v Bennett, 128 AD2d 540, 540 , lv denied 69 NY2d 1001 ; see People v Evans, 289 AD2d 417 , lv denied 98 NY2d 637 ). 2012Adhering to that statutory definition and the limited time frame encompassed by its express language, the proposed testimony of the defense witness “would not have accounted for the defendant’s whereabouts during the crime[s] or placed him away from the crime scene shortly thereafter,” and thus he was not in fact offering alibi testimony (People v Bennett, 128 AD2d 540, 540 [1987], lv denied 69 NY2d 1001 [1987]; see People v Evans, 289 AD2d 417 [2001], lv denied 98 NY2d 637 [2002]). | 2 | 2 |
People v. Greengreen2 sentences2012We reject the People’s contention that the proposed testimony would “implicate an alibi” and cause the jury to speculate that defendant had an alibi defense. “[T]he fact that such [testimony] may, in addition to its intended purpose, also be taken as circumstantial alibi evidence does not require that alibi notice be given” (People v Green, 70 AD3d 39, 44 ). 2012We reject the People’s contention that the proposed testimony would “implicate an alibi” and cause the jury to speculate that defendant had an alibi defense. “[T]he fact that such [testimony] may, in addition to its intended purpose, also be taken as circumstantial alibi evidence does not require that alibi notice be given” (People v Green, 70 AD3d 39, 44 [2009]). | 1 | 2 |
People v. Bennettgreen2 sentences2012Adhering to that statutory definition and the limited time frame encompassed by its express language, the proposed testimony of the defense witness “would not have accounted for the defendant’s whereabouts during the crime[s] or placed him away from the crime scene shortly thereafter,” and thus he was not in fact offering alibi testimony (People v Bennett, 128 AD2d 540, 540 , lv denied 69 NY2d 1001 ; see People v Evans, 289 AD2d 417 , lv denied 98 NY2d 637 ). 2012Adhering to that statutory definition and the limited time frame encompassed by its express language, the proposed testimony of the defense witness “would not have accounted for the defendant’s whereabouts during the crime[s] or placed him away from the crime scene shortly thereafter,” and thus he was not in fact offering alibi testimony (People v Bennett, 128 AD2d 540, 540 [1987], lv denied 69 NY2d 1001 [1987]; see People v Evans, 289 AD2d 417 [2001], lv denied 98 NY2d 637 [2002]). | 1 | 2 |
Cameron v. Knappgreen1 sentence2002“It is incumbent upon the proponent of expert testimony to lay a proper foundation establishing that the processes and methods employed by the expert in formulating his or her opinions adhere to accepted standards of reliability within the field” (People v Fortin, 184 Misc 2d 10, 13 [Nassau County Ct 2000]), “through judicial opinions, scientific or legal writings, or expert opinion other than that of the proffered expert” (Cameron v Knapp, 137 Misc 2d 373, 375 [Sup Ct, NY County 1987]). | 1 | 1 |
People v. Fortingreen1 sentence2002“It is incumbent upon the proponent of expert testimony to lay a proper foundation establishing that the processes and methods employed by the expert in formulating his or her opinions adhere to accepted standards of reliability within the field” (People v Fortin, 184 Misc 2d 10, 13 [Nassau County Ct 2000]), “through judicial opinions, scientific or legal writings, or expert opinion other than that of the proffered expert” (Cameron v Knapp, 137 Misc 2d 373, 375 [Sup Ct, NY County 1987]). | 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. Miller
green
1 sentence1999The proposed testimony of a defense witness concerning alleged drug-selling activities of the deceased was properly excluded, since there was no indication that the witness had ever communicated his knowledge to defendant (see, People v Miller, 39 NY2d 543 ). | 1 | 1999–1999 |
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.