hindsight analysis (New York) · Go Syfert
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hindsight analysis in New York

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.

Followed or applied (2)

CaseFollowedCited
In Re Smart World Technologies, LLCgreen
ca2 · 2009 · cited in 1 New York opinions naming this issue, 2014–2014
1 sentence

2014We 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)]).

11
Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.green
scotus · 1981 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

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 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
People v. Baldi green
ny · 1981
2 sentences

1993Indeed, 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 ).

51989–1993
Stephen M. Catanzaro v. Sara Weiden green
ca2 · 1999
2 sentences

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 -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 ).

22011–2011
People v. Civitello green
nyappdiv · 1989
2 sentences

1991While 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 ).

21990–1991
People v. Aiken green
ny · 1978
2 sentences

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 ).

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 ).

21989–1990
People v. Satterfield green
ny · 1985
2 sentences

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 ).

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 ).

21989–1990
People v. Canty green
ny · 1983
1 sentence

1993We 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 ).

11993–1993
People v. Rivera green
ny · 1988
1 sentence

1993Indeed, 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 ).

11993–1993
People v. Garcia green
ny · 1990
1 sentence

1993Indeed, 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 ).

11993–1993
People v. Udzinski green
nyappdiv · 1989
1 sentence

1993We 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 ).

11993–1993
People v. Taylor green
nyappdiv · 1989
1 sentence

1993We 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 ).

11993–1993
People v. Sanchez green
nyappdiv · 1989
1 sentence

1990In 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).

11990–1990
People v. Bossett green
nyappdiv · 1990
1 sentence

1990In 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).

11990–1990
People v. Vega neutral
nyappdiv · 1987
1 sentence

1989While 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 ).

11989–1989
People v. Coleman green
nyappdiv · 1988
1 sentence

1989Considering 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 ).

11989–1989

Where else courts name it

PA 107 (2012–2026) NY 11 (1989–2014) IL 9 (1992–2026) WA 4 (2009–2018) FL 3 (2003–2010) AK 2 (1982–1993) AZ 2 (1998–2008) GA 2 (2009–2009) WI 2 (2022–2025)

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.

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