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11 New York opinions name it 4 courts 1967–2024 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. Baldigreen2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 3 |
People v. Maxwellgreen2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 2 |
People v. Beneventogreen2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 2 |
The People v. Howard S. Wrightgreen2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 2 |
In re Swedickgreen1 sentence2020Nevertheless, having considered the entirety of factors before us, including the severity of the misconduct and the relevant precedent in this state, we conclude that the appropriate sanction in this case is the maximum term agreed upon by the parties ( see Matter of Scudieri , 174 AD3d 168 , 173 [2019]; Matter of Aber , 283 AD2d 767, 767-768 [2001]; Matter of Bowen , 150 AD2d at 908-909 ; see also Matter of Greenberg , 94 AD3d 152, 156 [2012]; Matter of Swedick , 81 AD3d 1033, 1034 [2011]). | 1 | 1 |
In re Greenberggreen1 sentence2020Nevertheless, having considered the entirety of factors before us, including the severity of the misconduct and the relevant precedent in this state, we conclude that the appropriate sanction in this case is the maximum term agreed upon by the parties ( see Matter of Scudieri , 174 AD3d 168 , 173 [2019]; Matter of Aber , 283 AD2d 767, 767-768 [2001]; Matter of Bowen , 150 AD2d at 908-909 ; see also Matter of Greenberg , 94 AD3d 152, 156 [2012]; Matter of Swedick , 81 AD3d 1033, 1034 [2011]). | 1 | 1 |
In re Abergreen1 sentence2020Nevertheless, having considered the entirety of factors before us, including the severity of the misconduct and the relevant precedent in this state, we conclude that the appropriate sanction in this case is the maximum term agreed upon by the parties ( see Matter of Scudieri , 174 AD3d 168 , 173 [2019]; Matter of Aber , 283 AD2d 767, 767-768 [2001]; Matter of Bowen , 150 AD2d at 908-909 ; see also Matter of Greenberg , 94 AD3d 152, 156 [2012]; Matter of Swedick , 81 AD3d 1033, 1034 [2011]). | 1 | 1 |
Longton v. Village of Corinthgreen1 sentence2016As for petitioner’s challenge to the sufficiency of the evidence supporting Zurlo’s determination that petitioner was guilty of the remaining charge, our standard of review is whether the determination is supported by substantial evidence (see Matter of Longton v Village of Corinth, 57 AD3d 1273, 1274 [2008], lv denied 13 NY3d 709 [2009]; Matter of Agnew v North Colonie Cent. | 1 | 1 |
Perryman v. Village of Saranac Lakegreen1 sentence2016Contrary to petitioner’s assertion, Zurlo was not required to read the entirety of the hearing transcript (see Matter of Perryman v Village of Saranac Lake, 64 AD3d 830, 835-836 [2009]; Matter of McKinney v Bennett, 31 AD3d 860, 861 [2006]). | 1 | 1 |
McKinney v. Bennettgreen1 sentence2016Contrary to petitioner’s assertion, Zurlo was not required to read the entirety of the hearing transcript (see Matter of Perryman v Village of Saranac Lake, 64 AD3d 830, 835-836 [2009]; Matter of McKinney v Bennett, 31 AD3d 860, 861 [2006]). | 1 | 1 |
People v. Howardgreen1 sentence2014This is not an instance where, “even accepting the entirety of the hearing court’s factual findings, none of the inferences that reasonably may be drawn from [the] settled facts can support the conclusion that [the search] was lawful” (Howard at 411 [Abdus-Salaam, J., dissenting]). | 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. Evans
green
2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 2017–2017 |
Nance v. United States
green
2 sentences2017We concur with the majority's holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety ( see People v Wright , 25 NY3d 769, 779 [2015]; People v Benevento , 91 NY2d 708, 712 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record — i.e., a "mixed claim[]" of ineffective assistance ( People v Evans , 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011]) — 2017We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571 , 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL 44 | 2 | 2017–2017 |
New York Times Co. v. City of New York
neutral
1 sentence2024In denying the entirety of the challenge, the court explicitly ruled that the petitioners were not entitled to the addresses of all current DHS shelter residents (id., 2017 NY Slip Op 32024[U] , *9, 2017 NY Misc LEXIS 3692 , *16; cf. Matter of New York Times Co. v City of New York, 176 Misc 2d 872 [Sup Ct, N.Y. | 1 | 2024–2024 |
Matter of Shmulsky
green
1 sentence2022Nevertheless, having considered the entirety of the factors before us, including the severity of the misconduct, we conclude that the appropriate sanction is the maximum term agreed upon by the parties ( see Matter of Shmulsky , 186 AD3d at 1880 ; Matter of Carey , 165 AD3d at 1465). | 1 | 2022–2022 |
In re Bowen
green
1 sentence2020Nevertheless, having considered the entirety of factors before us, including the severity of the misconduct and the relevant precedent in this state, we conclude that the appropriate sanction in this case is the maximum term agreed upon by the parties ( see Matter of Scudieri , 174 AD3d 168 , 173 [2019]; Matter of Aber , 283 AD2d 767, 767-768 [2001]; Matter of Bowen , 150 AD2d at 908-909 ; see also Matter of Greenberg , 94 AD3d 152, 156 [2012]; Matter of Swedick , 81 AD3d 1033, 1034 [2011]). | 1 | 2020–2020 |
People v. Gissendanner
green
2 sentences2019In drawing that conclusion, the majority fails to consider the entirety of the standard governing disclosure of confidential records set forth in People v Gissendanner ( 48 NY2d 543 [1979], supra ), but instead seizes upon only one aspect of that standard as applied in Guzman . 2019Under the Gissendanner standard, in order for a party to be entitled to disclosure of confidential records, that party must make a preliminary showing that the evidence sought "if known to the trier of fact, could very well affect the outcome of the [proceeding]" ( Gissendanner , 48 NY2d at 548 ). | 1 | 2019–2019 |
Feeney v. County of Delaware
green
1 sentence2017For the reasons stated in Feeney v County of Delaware (supra) with regard to Begeal, we agree with defendant that it was entitled to summary judgment dismissing the entirety of the claim on the basis of governmental immunity. | 1 | 2017–2017 |
People Ex Rel. Brown v. Artus
green
1 sentence2016As for petitioner’s challenge to the sufficiency of the evidence supporting Zurlo’s determination that petitioner was guilty of the remaining charge, our standard of review is whether the determination is supported by substantial evidence (see Matter of Longton v Village of Corinth, 57 AD3d 1273, 1274 [2008], lv denied 13 NY3d 709 [2009]; Matter of Agnew v North Colonie Cent. | 1 | 2016–2016 |
People v. O'Brien
neutral
1 sentence1993Moreover, viewing the entirety of the defense counsel’s efforts on the defendant’s behalf, we find that the defendant received "meaningful representation” (see, People v Baldi, 54 NY2d 137, 147 ; People v Gatto, 146 AD2d 643, 644 ; People v Obair, 138 AD2d 750, 751 ). | 1 | 1993–1993 |
People v. Gatto
green
1 sentence1993Moreover, viewing the entirety of the defense counsel’s efforts on the defendant’s behalf, we find that the defendant received "meaningful representation” (see, People v Baldi, 54 NY2d 137, 147 ; People v Gatto, 146 AD2d 643, 644 ; People v Obair, 138 AD2d 750, 751 ). | 1 | 1993–1993 |
White v. Adler
green
1 sentence1967The public policy which underlies the rule against splitting causes of action is based upon the “ assumption that a plaintiff who has split his causes- of action has acted inequitably, knowing that he was causing unnecessary vexation to the defendant, or at least careless whether or not he causes such vexation” (White v. Adler, 289 N. Y. 34, 42 ). | 1 | 1967–1967 |
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.