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11 New York opinions name it 2 courts 1989–2014 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 |
|---|---|---|
In Re Smart World Technologies, LLCgreen1 sentence2014We agree with Graubard that a hindsight analysis of contingent fee agreements not unconscionable when made is a dangerous business, especially when a determination of unconscionability is made solely on the basis that the size of the fee seems too high to be fair (see In re Smart World Tech., LLC, 552 F3d 228, 235 [2d Cir 2009] [“the fact that contingency fees may appear excessive in retrospect is not a ground to reduce them because early success by counsel is always a possibility capable of being anticipated” (internal quotation marks omitted)]). | 1 | 1 |
Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.green1 sentence2011Under Hodel , the due process guarantee is offended only when an emergency procedure is invoked in an abusive and arbitrary manner; therefore, there is no constitutional violation unless the decision to invoke the emergency procedure amounts to an abuse of the constitutionally afforded discretion” (Catanzaro, 188 F3d at 62 ; see Hodel, 452 US at 302-303 ). | 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. Baldi
green
2 sentences1993Indeed, absent evidence that defense counsel’s performance rendered his representation of the defendant less than meaningful, we decline to accord undue significance to the defendant’s hindsight analysis of matters of strategic import (see, People v Garcia, 75 NY2d 973 ; People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ). 1990When reviewing claims of ineffective assistance of counsel, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, supra; People v Aiken, 45 NY2d 394 ). | 5 | 1989–1993 |
Stephen M. Catanzaro v. Sara Weiden
green
2 sentences2011Under Hodel, the due process guarantee is offended only when an emergency procedure is invoked in an abusive and arbitrary manner; therefore, there is no constitutional violation unless the decision to invoke the emergency procedure amounts to an abuse of the constitutionally afforded discretion” (Catanzaro, 188 F3d at 62 ; see Hodel, 452 US at -3- 41 CA 10-01442 302-303). 2011Under Hodel , the due process guarantee is offended only when an emergency procedure is invoked in an abusive and arbitrary manner; therefore, there is no constitutional violation unless the decision to invoke the emergency procedure amounts to an abuse of the constitutionally afforded discretion” (Catanzaro, 188 F3d at 62 ; see Hodel, 452 US at 302-303 ). | 2 | 2011–2011 |
People v. Civitello
green
2 sentences1991While a hindsight analysis might show certain tactical or strategic errors by defense counsel, in our view any such errors did not render defense counsel’s representation ineffective (see, People v Civitello, 152 AD2d 812, 814 , lv denied 74 NY2d 947 ). 1990Accordingly, we will not engage in a hindsight analysis of counsel’s tactical decisions at trial at this stage of the proceedings (see, People v Civitello, 152 AD2d 812 ). | 2 | 1990–1991 |
People v. Aiken
green
2 sentences1990When reviewing claims of ineffective assistance of counsel, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, supra; People v Aiken, 45 NY2d 394 ). 1989When reviewing claims of ineffective assistance of counsel, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, supra; People v Aiken, 45 NY2d 394 ). | 2 | 1989–1990 |
People v. Satterfield
green
2 sentences1990When reviewing claims of ineffective assistance of counsel, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, supra; People v Aiken, 45 NY2d 394 ). 1989When reviewing claims of ineffective assistance of counsel, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, supra; People v Aiken, 45 NY2d 394 ). | 2 | 1989–1990 |
People v. Canty
green
1 sentence1993We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ), or without merit (see, People v Canty, 60 NY2d 830 ; People v Taylor, 155 AD2d 630 ). | 1 | 1993–1993 |
People v. Rivera
green
1 sentence1993Indeed, absent evidence that defense counsel’s performance rendered his representation of the defendant less than meaningful, we decline to accord undue significance to the defendant’s hindsight analysis of matters of strategic import (see, People v Garcia, 75 NY2d 973 ; People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ). | 1 | 1993–1993 |
People v. Garcia
green
1 sentence1993Indeed, absent evidence that defense counsel’s performance rendered his representation of the defendant less than meaningful, we decline to accord undue significance to the defendant’s hindsight analysis of matters of strategic import (see, People v Garcia, 75 NY2d 973 ; People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ). | 1 | 1993–1993 |
People v. Udzinski
green
1 sentence1993We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ), or without merit (see, People v Canty, 60 NY2d 830 ; People v Taylor, 155 AD2d 630 ). | 1 | 1993–1993 |
People v. Taylor
green
1 sentence1993We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ), or without merit (see, People v Canty, 60 NY2d 830 ; People v Taylor, 155 AD2d 630 ). | 1 | 1993–1993 |
People v. Sanchez
green
1 sentence1990In reviewing claims of ineffectiveness, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Baldi, supra, at -146; People v Bossett, 157 AD2d 734 ; People v Sanchez, supra). | 1 | 1990–1990 |
People v. Bossett
green
1 sentence1990In reviewing claims of ineffectiveness, care must be taken to avoid confusing true ineffectiveness with mere losing tactics and according undue significance to a hindsight analysis (see, People v Baldi, supra, at -146; People v Bossett, 157 AD2d 734 ; People v Sanchez, supra). | 1 | 1990–1990 |
People v. Vega
neutral
1 sentence1989While a hindsight analysis might show certain tactical and strategic errors by defense counsel, such errors did not render counsel’s representation ineffective (see, People v Vega, 126 AD2d 686 , lv denied 69 NY2d 887 ). | 1 | 1989–1989 |
People v. Coleman
green
1 sentence1989Considering defendant’s lengthy criminal record and propensity to explosive courtroom behavior, it cannot be said that defense counsel's advice to defendant not to take the witness stand was erroneous as a matter of law (see, People v Coleman, 142 AD2d 586, 588 ). | 1 | 1989–1989 |
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.