11 New York opinions name it 4 courts 1960–2015 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 |
|---|---|---|
People v. Gonzalezgreen2 sentences2015However, under a narrow exception to the Olah rule, the underlying allegations must be considered when “the foreign statute under which the defendant was convicted renders criminal several different acts, some of which would constitute felonies and others of which would constitute only misdemeanors [or no crime] if committed in New York” (Muniz, 74 NY2d at 468 ; see Gonzalez, 61 NY2d at 590 ; People ex rel. 2015However, under a narrow exception to the Olah rule, the underlying allegations must be considered when “the foreign statute under which the defendant was convicted renders criminal several different acts, some of which would constitute felonies and others of which would constitute only misdemeanors [or no crime] if committed in New York” (Muniz, 74 NY2d at 468 ; see Gonzalez, 61 NY2d at 590 ; People ex rel. | 2 | 6 |
People ex rel. Gold v. Jacksongreen2 sentences2015Gold v Jackson, 5 NY2d 243, 245 [1959] [emphasis added]; see also People v Muniz, 74 NY2d 464, 470 [1989] [finding it improper to look to the factual allegations in an accusatory instrument only where the controversy does not turn upon them]). 2015Gold v Jackson, 5 NY2d 243, 245 [1959] [emphasis added]; see also People v Muniz, 74 NY2d 464, 470 [1989] [finding it improper to look to the factual allegations in an accusatory instrument only where the controversy does not turn upon them]). | 2 | 3 |
People ex rel. Goldman v. Dennogreen2 sentences2015Goldman v Denno, 9 NY2d 138, 140 [1961]; People ex rel. 2015Goldman v Denno, 9 NY2d 138, 140 [1961]; People ex rel. | 1 | 4 |
People v. Olahgreen2 sentences1987An exception to the Olah rule (People v Olah, 300 NY 96 ) permits the sentencing court to go beyond the statute and scrutinize the foreign accusatory instrument where the foreign statute renders criminal not one act but several acts which if committed in New York would in some cases be felonies and in others would constitute only misdemeanors (People v Gonzalez, 61 NY2d 586 ). 1987An exception to the Olah rule (People v Olah, 300 NY 96 ) permits the sentencing court to go beyond the statute and scrutinize the foreign accusatory instrument where the foreign statute renders criminal not one act but several acts which if committed in New York would in some cases be felonies and in others would constitute only misdemeanors (People v Gonzalez, 61 NY2d 586 ). | 1 | 3 |
People v. Munizgreen2 sentences2015However, under a narrow exception to the Olah rule, the underlying allegations must be considered when “the foreign statute under which the defendant was convicted renders criminal several different acts, some of which would constitute felonies and others of which would constitute only misdemeanors [or no crime] if committed in New York” (Muniz, 74 NY2d at 468 ; see Gonzalez, 61 NY2d at 590 ; People ex rel. 2015However, under a narrow exception to the Olah rule, the underlying allegations must be considered when “the foreign statute under which the defendant was convicted renders criminal several different acts, some of which would constitute felonies and others of which would constitute only misdemeanors [or no crime] if committed in New York” (Muniz, 74 NY2d at 468 ; see Gonzalez, 61 NY2d at 590 ; People ex rel. | 1 | 2 |
Somerville v. Conwaygreen2 sentences2012Indeed, we have remarked that where there are differences in the intent elements of the New York and out-of-state crimes, the trial court may not consider the recitals in the accusatory instrument underlying the foreign conviction when resolving a defendant’s status as a predicate felon (Muniz, 74 NY2d at 469-470 ; see also Somerville v Conway, 281 F Supp 2d 515, 522 [ED NY 2003] [“Where the difference between the definition of the foreign crime and the New York crime turns on ‘a particular aggravating circumstance’ such as intent, recourse to the indictment is improper because the aggravating 2012Indeed, we have remarked that where there are differences in the intent elements of the New York and out-of-state crimes, the trial court may not consider the recitals in the accusatory instrument underlying the foreign conviction when resolving a defendant’s status as a predicate felon (Muniz, 74 NY2d at 469-470 ; see also Somerville v Conway, 281 F Supp 2d 515, 522 [ED NY 2003] [“Where the difference between the definition of the foreign crime and the New York crime turns on ‘a particular aggravating circumstance’ such as intent, recourse to the indictment is improper because the aggravating | 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. Love
neutral
2 sentences1981In People v Love ( 305 NY 722 ), the court acknowledged its decision in Olah (supra) but found that it did not apply to a case where an Alabama statute punished as grand larceny the theft of $5 or more from the person of another and $25 or more in any other manner. 1981In People v Love ( 305 NY 722 ), the court acknowledged its decision in Olah (supra) but found that it did not apply to a case where an Alabama statute punished as grand larceny the theft of $5 or more from the person of another and $25 or more in any other manner. | 2 | 1960–1981 |
People Ex Rel. Newman v. Foster
green
2 sentences1981Newman v Foster, 297 NY 27 .) The Court of Appeals continued to apply the Olah rule, perhaps refining it, in People ex rel. 1981Newman v Foster, 297 NY 27 .) The Court of Appeals continued to apply the Olah rule, perhaps refining it, in People ex rel. | 1 | 1981–1981 |
McDonald v. Massachusetts
green
2 sentences1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. 1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. | 1 | 1974–1974 |
Graham v. West Virginia
green
2 sentences1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. 1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. | 1 | 1974–1974 |
Gryger v. Burke
green
2 sentences1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. 1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. | 1 | 1974–1974 |
Oyler v. Boles
green
2 sentences1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. 1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. | 1 | 1974–1974 |
Marshall v. United States
green
2 sentences1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. 1974(Cf. McDonald v. Massachu setts, 180 U. S. 311, 312-313 ; Graham v. West Virginia, 224 U. S. 616 ; Gryger v. Burke, 334 U. S. 728 ; Oyler v. Boles, 368 U. S. 448 ; Marshall v. United States, 414 U. S. 417 ; People v. Wilson, 13 N Y 2d 277, 281.) • In this connection, it should be noted that the Olah rule, upon which Judge Roberts leaned so heavily in Massie, cannot be fairly said to have been constitutionally dictated. | 1 | 1974–1974 |
People v. Wilson
neutral
2 sentences1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 | 1 | 1960–1960 |
Florance v. Donovan
neutral
2 sentences1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 | 1 | 1960–1960 |
Kaytes v. Donovan
neutral
2 sentences1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 | 1 | 1960–1960 |
Florance v. Donovan
neutral
2 sentences1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 1960Only those facts alleged in the indictment or information which are not operative or material under the applicable criminal statute of the foreign jurisdiction are to be discounted in ascertaining whether the crime charged is to be deemed a felony in New York. * * * It cannot be assumed that relator may have been convicted of the crime which would be a misdemeanor in New York, since no such facts are alleged in the Florida information to which he pleaded guilty.’’ In citing with approval the doctrine laid down in the Gold case, the Appellate Division, First Department, in People v. Benjamin (7 | 1 | 1960–1960 |
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.