Perez motion (New York) · Go Syfert
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Perez motion in New York

11 New York opinions name it 2 courts 1985–2026 4 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 (4)

CaseFollowedCited
People v. Ayalagreen
ny · 1996 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Although CPL 450.20 (8) permits the People, under certain circumstances, to appeal from an order suppressing evidence pursuant to CPL 710.20 (see CPL 450.20 [8]; People v Ayala, 89 NY2d 874, 875-876 [1996]), Justice Blumenfeld denied Perez’s motion to suppress his videotaped statement pursuant to that statute.

2012Although CPL 450.20 (8) permits the People, under certain circumstances, to appeal from an order suppressing evidence pursuant to CPL 710.20 (see CPL 450.20 [8]; People v Ayala, 89 NY2d 874, 875-876 [1996]), Justice Blumenfeld denied Perez’s motion to suppress his videotaped statement pursuant to that statute.

22
Jackson v. City of New Yorkgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025All of the recordings stored on 2 As the demand for medical providers is improper on its face, the Court need not consider Mr. Perez’ claim that, prior to the transfer of this matter to Part 31, the prior Court Attorney refused to compel medical disclosure and directed the Morelli Firm to move to strike allegations regarding Mr. Perez’ seizure. 3 Jackson v City of New York, 185 AD2d 768, 770 (1st Dept 1992)(affidavit demonstrating thorough search for records made in good faith satisfied where deponent states “where the subject records were likely to be kept, what efforts, if any, were made to

11
Hurst v. Belommegreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019"A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident" ( White v Adom Rental Transp., Inc. , 150 AD3d 938, 939 ; see Hurst v Belomme , 142 AD3d 642, 642 ; Boulos v Lerner-Harrington , 124 AD3d 709, 709 ).

11
United States v. Jorngreen
scotus · 1971 · cited in 1 New York opinions naming this issue, 1985–1985
2 sentences

1985See United States v. Perez, 9 Wheat., at 580.” (United States v Jorn, 400 US 470, 485 , supra.) Finally, and most compellingly, we disagree with the conclusion of the majority that defense counsel effectively waived defendant’s presence as well as his right not to be placed twice in jeopardy.

1985See United States v. Perez, 9 Wheat., at 580.” (United States v Jorn, 400 US 470, 485 , supra.) Finally, and most compellingly, we disagree with the conclusion of the majority that defense counsel effectively waived defendant’s presence as well as his right not to be placed twice in jeopardy.

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 (16)

CaseCitedYears
Norero v. 99-105 Third Avenue Realty, LLC green
nyappdiv · 2012
1 sentence

2026Realty, LLC</i>, 96 AD3d 727 , 728; <i>see</i> <i>Moscati v Consolidated Edison Co. of N.Y., Inc.</i>, 168 AD3d 717 , 718).

12026–2026
O'Connell v. Los Compadres Liquors & Wines neutral
nyappdiv · 2022
2 sentences

2024In a prior appeal, this Court affirmed so much of the order entered September 28, 2020, as denied that branch of Perez's motion which was for summary judgment dismissing the complaint insofar as asserted against him ( see id. at 963 ).

2024In a prior appeal, this Court affirmed so much of the order entered September 28, 2020, as denied that branch of Perez's motion which was for summary judgment dismissing the complaint insofar as asserted against him ( see id. at 963 ).

12024–2024
People v. Noble green
nyappdiv · 2022
1 sentence

2023Officer Perez's stop of the defendant's vehicle was reasonable based upon her probable cause to believe that the driver had violated Vehicle and Traffic Law § 1163 by turning without signaling ( see People v Noble , 211 AD3d at 971 ; People v Watson , 163 AD3d 855 , 856).

12023–2023
People v. Rodriguez green
nyappdiv · 2022
1 sentence

2023Moreover, in light of the defendant's admission that he did not have a valid driver license and Officer Perez's detection of the odor of marijuana emanating from the defendant's vehicle, she had probable cause to search the vehicle ( see People v Rodriguez , 211 AD3d 854, 857 ; People v Williams , 208 AD3d 899, 901 ).

12023–2023
People v. Williams green
nyappdiv · 2022
1 sentence

2023Moreover, in light of the defendant's admission that he did not have a valid driver license and Officer Perez's detection of the odor of marijuana emanating from the defendant's vehicle, she had probable cause to search the vehicle ( see People v Rodriguez , 211 AD3d 854, 857 ; People v Williams , 208 AD3d 899, 901 ).

12023–2023
Batista v. City of New York green
nyappdiv · 2012
1 sentence

2019This evidence demonstrated that Perez's conduct of stopping his vehicle in the left lane of travel with its hazard lights engaged was not a proximate cause of the collision between Chen's SUV and the plaintiff's vehicle, but rather merely furnished the condition or occasion for it ( see Sheehan v City of New York , 40 NY2d 496 ; Batista v City of New York , 101 AD3d 773, 778 ; Williams v Envelope Tr.

12019–2019
Sheehan v. City of New York green
ny · 1976
1 sentence

2019This evidence demonstrated that Perez's conduct of stopping his vehicle in the left lane of travel with its hazard lights engaged was not a proximate cause of the collision between Chen's SUV and the plaintiff's vehicle, but rather merely furnished the condition or occasion for it ( see Sheehan v City of New York , 40 NY2d 496 ; Batista v City of New York , 101 AD3d 773, 778 ; Williams v Envelope Tr.

12019–2019
White v. Adom Rental Transportation, Inc. green
nyappdiv · 2017
1 sentence

2019"A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident" ( White v Adom Rental Transp., Inc. , 150 AD3d 938, 939 ; see Hurst v Belomme , 142 AD3d 642, 642 ; Boulos v Lerner-Harrington , 124 AD3d 709, 709 ).

12019–2019
Boulos v. Lerner-Harrington green
nyappdiv · 2015
1 sentence

2019"A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident" ( White v Adom Rental Transp., Inc. , 150 AD3d 938, 939 ; see Hurst v Belomme , 142 AD3d 642, 642 ; Boulos v Lerner-Harrington , 124 AD3d 709, 709 ).

12019–2019
In re Epstein neutral
nyappdiv · 2011
1 sentence

2018The plaintiff submitted the process server's affidavit of service, which constituted prima facie evidence of proper service pursuant to CPLR 308(2) ( see JP Morgan Trust Bank, N.A. v Hoffmann , 154 AD3d 699, 699 ; Matter of Goldberger v Gansburg , 85 AD3d 914 ; Wells Fargo Bank, N.A. v McGloster , 48 AD3d 457 ; 96 Pierrepont v Mauro , 304 AD2d 631 ).

12018–2018
JPMorgan Trust Bank, N.A. v. Hoffmann neutral
nyappdiv · 2017
1 sentence

2018The plaintiff submitted the process server's affidavit of service, which constituted prima facie evidence of proper service pursuant to CPLR 308(2) ( see JP Morgan Trust Bank, N.A. v Hoffmann , 154 AD3d 699, 699 ; Matter of Goldberger v Gansburg , 85 AD3d 914 ; Wells Fargo Bank, N.A. v McGloster , 48 AD3d 457 ; 96 Pierrepont v Mauro , 304 AD2d 631 ).

12018–2018
Washington v. Cross green
nyappdiv · 2008
1 sentence

2018The plaintiff submitted the process server's affidavit of service, which constituted prima facie evidence of proper service pursuant to CPLR 308(2) ( see JP Morgan Trust Bank, N.A. v Hoffmann , 154 AD3d 699, 699 ; Matter of Goldberger v Gansburg , 85 AD3d 914 ; Wells Fargo Bank, N.A. v McGloster , 48 AD3d 457 ; 96 Pierrepont v Mauro , 304 AD2d 631 ).

12018–2018
96 Pierrepont, LLC v. Mauro green
nyappdiv · 2003
1 sentence

2018The plaintiff submitted the process server's affidavit of service, which constituted prima facie evidence of proper service pursuant to CPLR 308(2) ( see JP Morgan Trust Bank, N.A. v Hoffmann , 154 AD3d 699, 699 ; Matter of Goldberger v Gansburg , 85 AD3d 914 ; Wells Fargo Bank, N.A. v McGloster , 48 AD3d 457 ; 96 Pierrepont v Mauro , 304 AD2d 631 ).

12018–2018
People v. Coleman green
ny · 1987
1 sentence

1996Defendant Perez’s challenge to the court’s charge on burden of proof is unpreserved for appellate review (CPL 470.05 [2]), and, in any event, without merit (see, People v Coleman, 70 NY2d 817 ).

11996–1996
People v. Williams green
ny · 1982
1 sentence

1996The court’s Sandoval ruling with respect to defendant Lopez properly balanced the probative value of his prior crime evidence on the issue of credibility against the risk of unfair prejudice, including the risk that the similarity between the prior and instant crimes could be taken as proof of guilt (People v Williams, 56 NY2d 236, 238-239 ).

11996–1996
People v. Jennings green
ny · 1986
1 sentence

1990Without deciding whether the motion was procedurally defective (CPL 210.45 [1]; cf., People v Jennings, 69 NY2d 103 ), we find that Perez’s claim is not reviewable.

11990–1990

Where else courts name it

TX 31 (2004–2025) CA 24 (1956–2025) FL 23 (1978–2018) PA 21 (1972–2024) IL 15 (1974–2022) NY 11 (1985–2026) GA 8 (1974–2023) IN 7 (1973–2020) WA 7 (1971–2016) MI 7 (1970–2008) MD 7 (1974–2011) UT 6 (1979–2026) NJ 5 (1976–2017) DE 4 (1974–2020) CO 4 (1982–2026) ND 4 (2006–2011) HI 3 (2016–2025) NV 3 (1973–2013) KS 2 (1979–1989) AZ 2 (2013–2024) GU 2 (2021–2022) OR 2 (2017–2017) ME 2 (1980–1983) AL 2 (1978–2026) OH 2 (1990–2009) MA 2 (2015–2019)

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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