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83 New York opinions name it 6 courts 1879–2026 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. Danielsongreen2 sentences2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). 2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349 ), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). | 4 | 5 |
People v. Bleakleygreen2 sentences2014Where, as here, a different verdict would not have been unreasonable, we must, like the trier of fact below, "weigh conflicting testimony, review any rational inferences that may be drawn from the evidence and evaluate the strength of such conclusions" (People v Danielson, 9 NY3d 342, 348 [2007]; see People v Bleakley, 69 NY2d 490, 495 [1987]; 1 Defendant also maintained that his actions were justified (see Penal Law § 35.15); the jury's rejection of this defense is not challenged upon appeal. 2 County Court, in its discretion, submitted only one of the two counts of criminal possession of a w 2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 [2010], lv denied 16 NY3d 744 [2011]) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 [2002], lv denied 99 NY2d 566 [2002]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). | 4 | 4 |
People v. Gabrielgreen2 sentences2014Here, for this Court to reach this conclusion as a matter of law—in effect, rejecting the opinion of defendant’s expert as unworthy of belief—usurps the jury’s prerogative to determine whether, in its discretion, the defense of extreme emotional disturbance is applicable (see People v Gabriel, 241 AD2d 835, 836 [1997], lv denied 91 NY2d 892 [1998]). 2014Here, for this Court to reach this conclusion as a matter of law—in effect, rejecting the opinion of defendant’s expert as unworthy of belief—usurps the jury’s prerogative to determine whether, in its discretion, the defense of extreme emotional disturbance is applicable (see People v Gabriel, 241 AD2d 835, 836 [1997], lv denied 91 NY2d 892 [1998]). | 2 | 2 |
People v. Cassgreen2 sentences2013The absence of additional timely and specific objections did not deprive defendant of the effective assistance of counsel (compare People v Cass, 18 NY3d 553, 564 [2012], with People v Fisher, 18 NY3d 964 [2012]). 2013The absence of additional timely and specific objections did not deprive defendant of the effective assistance of counsel (compare People v Cass, 18 NY3d 553, 564 [2012], with People v Fisher, 18 NY3d 964 [2012]). | 2 | 2 |
Braloff v. Greenberggreen2 sentences2017Although the estate has raised the applicability of SCPA 1810 for the first time on appeal, it correctly contends that SCPA 1810 imposes a limitation on the jurisdiction of the Supreme Court (see Braloff v Greenberg, 284 App Div at 1054; Arkport State Bank v Nutter, 278 App Div 538, 542 [1951]; Matter of Barclay, 266 App Div 1059 , 1060 [1943]; see also C. 2017SCPA 1810 states, inter alia, that “[njothing in this article shall prevent a claimant from commencing an action on his claim at law or in equity, provided that where a claim has been presented and rejected or deemed rejected pursuant to 1806 in whole or in part the action must be commenced within 60 days after such rejection.” If, after presenting a valid claim to the fiduciary of the estate pursuant to SCPA 1803, the claimant fails to commence an action in the Supreme Court within 60 days of the rejection of that claim, the claimant must proceed in the Surrogate’s Court (see Braloff v Greenb | 1 | 2 |
People v. Zilbermangreen2 sentences2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 , lv denied 16 NY3d 744 ) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 , lv denied 99 NY2d 566 ; see generally People v Bleakley, 69 NY2d 490, 495 ). 2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 [2010], lv denied 16 NY3d 744 [2011]) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 [2002], lv denied 99 NY2d 566 [2002]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). | 1 | 2 |
People v. Woodgreen2 sentences1992Although the four experts agreed that defendant was mentally ill, mental illness and legal insanity are distinct concepts (see, People v Wood, supra, at 77; People v Gonzalez, 100 AD2d 913 ). 1987We discern no basis for disturbing the jury’s rejection of the defense of temporary insanity in light of the eyewitness and expert testimony adduced by the prosecution (see, e.g., People v Wood, 12 NY2d 69 ). | 1 | 2 |
Rivera v. TRW Title Insurance of New York, Inc.green2 sentences2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541). 2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541 ). | 1 | 1 |
CIANCHETTI, DC, JEFFREY v. BURGIO, DC, PHYLLISgreen2 sentences2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541). 2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541 ). | 1 | 1 |
People v. Joycegreen2 sentences2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). 2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349 ), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). | 1 | 1 |
People v. Gjenashajgreen2 sentences2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). 2026Viewing the evidence in light of the elements of criminal possession of a weapon in the second degree as charged to the jury ( see Danielson , 9 NY3d at 349 ), including the charge on the defense of temporary and lawful possession, we further conclude that the jury's rejection of that defense and finding of guilt is not against the weight of the evidence ( see People v Green , 223 AD3d 914, 914 [2d Dept 2024], lv denied 41 NY3d 1018 [2024]; People v Joyce , 150 AD3d 1632, 1633 [4th Dept 2017], lv denied 31 NY3d 1118 [2018]). | 1 | 1 |
Northern Westchester Professional Park Associates v. Town of Bedfordgreen2 sentences2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541). 2026Ins. of N.Y. , 309 AD2d 740, 740-741 [2d Dept 2003]; see generally Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d 492, 499 [1983]; Cianchetti , 145 AD3d at 1540-1541 ). | 1 | 1 |
Arkport State Bank v. Nuttergreen1 sentence2017Although the estate has raised the applicability of SCPA 1810 for the first time on appeal, it correctly contends that SCPA 1810 imposes a limitation on the jurisdiction of the Supreme Court (see Braloff v Greenberg, 284 App Div at 1054; Arkport State Bank v Nutter, 278 App Div 538, 542 [1951]; Matter of Barclay, 266 App Div 1059 , 1060 [1943]; see also C. | 1 | 1 |
| People v. Hendriegreen | 1 | 1 |
People v. Gonzalezgreen1 sentence2014The affirmative defense of extreme emotional disturbance – which a defendant must establish by a preponderance of the evidence (see Penal Law §§ 25.00 [2]; 125.25 [1] [a]) – permits "a defendant charged with murder in the second degree to demonstrate the existence of mitigating factors which indicate that, although he [or she] is not free from responsibility for his [or her] crime, he [or she] ought to be punished less severely by reducing the crime to manslaughter in the first degree" (People v Hoke, 276 AD2d 903 , 903 [2000], lv denied 96 NY2d 801 [2001]; see People v Gonzalez, 22 NY3d 539, | 1 | 1 |
People v. Casassagreen1 sentence2014The affirmative defense of extreme emotional disturbance – which a defendant must establish by a preponderance of the evidence (see Penal Law §§ 25.00 [2]; 125.25 [1] [a]) – permits "a defendant charged with murder in the second degree to demonstrate the existence of mitigating factors which indicate that, although he [or she] is not free from responsibility for his [or her] crime, he [or she] ought to be punished less severely by reducing the crime to manslaughter in the first degree" (People v Hoke, 276 AD2d 903 , 903 [2000], lv denied 96 NY2d 801 [2001]; see People v Gonzalez, 22 NY3d 539, | 1 | 1 |
| People v. Gilliamgreen | 1 | 1 |
| People v. Trochegreen | 1 | 1 |
| Lyke v. Andersongreen | 1 | 1 |
| People v. Jeffersongreen | 1 | 1 |
| Bikowicz v. Nedco Pharmacy, Inc.green | 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. Banks
green
2 sentences2005There was ample evidence warranting the jury’s rejection of the defense of temporary lawful possession (see People v Banks, 76 NY2d 799 [1990]; People v Williams, 50 NY2d 1043 [1980]). 1997There was ample evidence, including defendant’s attempt to secrete the loaded pistol in his waistband and admitted intent to take the weapon home, warranting the jury’s rejection of the defense of temporary, lawful possession (see, People v Banks, 76 NY2d 799 ). | 3 | 1997–2005 |
In Re the Estate of Callahan
neutral
2 sentences1902The claim of the respondent that the failure of the administratrix to give notice of the rejection of the claim for a considerable time after its presentation constituted an acceptance of the claim; by which she is foreclosed, seems to be answered in Matter of Callahan ( 152 N. Y. 320 ). 1902The claim of the respondent that the failure of the administratrix to give notice of the rejection of the claim for a considerable time after its presentation constituted an acceptance of the claim, by which she is foreclosed, seems to be answered in Re Callahan’s Estate, reported in 152 N Y., at page 320, 46 N. E. 486 . | 3 | 1902–1936 |
People v. Patterelli
green
2 sentences2014Our task on this appeal is not to engage in weighing the evidence, but is limited instead to determining whether the evidence controverting the extreme emotional disturbance defense is so overwhelming that there is no reasonable possibility that the constitutional error affected the jury’s rejection of that defense (see People v Patterelli, 68 AD3d at 1154-1155 ). 2014Our task on this appeal is not to engage in weighing the evidence, but is limited instead to determining whether the evidence controverting the extreme emotional disturbance defense is so overwhelming that there is no reasonable possibility that the constitutional error affected the jury’s rejection of that defense (see People v Patterelli, 68 AD3d at 1154-1155 ). | 2 | 2014–2014 |
People v. Fisher
green
2 sentences2013The absence of additional timely and specific objections did not deprive defendant of the effective assistance of counsel (compare People v Cass, 18 NY3d 553, 564 [2012], with People v Fisher, 18 NY3d 964 [2012]). 2013The absence of additional timely and specific objections did not deprive defendant of the effective assistance of counsel (compare People v Cass, 18 NY3d 553, 564 [2012], with People v Fisher, 18 NY3d 964 [2012]). | 2 | 2013–2013 |
People v. Romero
green
2 sentences2013Moreover, upon our independent review of the evidence pursuant to CEL 470.15 (5), we are satisfied that the jury’s rejection of that defense was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Sedunova, 83 AD3d at 967 ). 2013Moreover, upon our independent review of the evidence pursuant to CEL 470.15 (5), we are satisfied that the jury’s rejection of that defense was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Sedunova, 83 AD3d at 967 ). | 2 | 2013–2013 |
People v. Sedunova
green
2 sentences2013Moreover, upon our independent review of the evidence pursuant to CEL 470.15 (5), we are satisfied that the jury’s rejection of that defense was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Sedunova, 83 AD3d at 967 ). 2013Moreover, upon our independent review of the evidence pursuant to CEL 470.15 (5), we are satisfied that the jury’s rejection of that defense was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Sedunova, 83 AD3d at 967 ). | 2 | 2013–2013 |
Alomari v. Pietruszka
green
2 sentences2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 , lv denied 16 NY3d 744 ) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 , lv denied 99 NY2d 566 ; see generally People v Bleakley, 69 NY2d 490, 495 ). 2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 [2010], lv denied 16 NY3d 744 [2011]) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 [2002], lv denied 99 NY2d 566 [2002]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). | 2 | 2011–2011 |
People v. McKinnon
green
2 sentences2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 , lv denied 16 NY3d 744 ) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 , lv denied 99 NY2d 566 ; see generally People v Bleakley, 69 NY2d 490, 495 ). 2011The jury was entitled to discredit defendant’s self-serving statements that he was coerced into committing the crimes of which he was convicted (see People v McKinnon, 78 AD3d 864 [2010], lv denied 16 NY3d 744 [2011]) and, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the jury’s rejection of that defense is not against the weight of the evidence (see id.; People v Zilberman, 297 AD2d 517, 518 [2002], lv denied 99 NY2d 566 [2002]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). | 2 | 2011–2011 |
People v. Maldonado
neutral
2 sentences1987Under such circumstance the jury’s rejection of the defense of justification had a rational basis and should not be disturbed (see, People v Maldonado, 121 AD2d 400 ). 1986The evidence supports the jury’s rejection of the defense of justification (see, People v Maldonado, 121 AD2d 400 ). | 2 | 1986–1987 |
Moore v. Humbert
neutral
2 sentences1965Under the prior practice where a claimant was not advised of the rejection of his claim until the commencement of the accounting proceeding, he could thereupon and pending the disposition of such accounting bring an action on the claim in the Supreme Court, which would deprive this court of jurisdiction with regard thereto (Matter of Barclay, 266 App. Div. 1059 , 1060; Moore v. Humbert, 268 App. Div. 813, 814 ). 1951(Surrogate’s Ct. Act, § 211; Matter of Barclay, 266 App. Div. 1059 ; Moore v. Humbert, 268 App. Div. 813 .) It is our opinion that there was insufficient proof of the rejection of the claim sued upon and that the notation on the supplemental citation did not amount to an unequivocal rejection of the claim for $517 and interest which was presented to the executrix. | 2 | 1951–1965 |
In re the Accounting of Humbert
neutral
2 sentences1965Under the prior practice where a claimant was not advised of the rejection of his claim until the commencement of the accounting proceeding, he could thereupon and pending the disposition of such accounting bring an action on the claim in the Supreme Court, which would deprive this court of jurisdiction with regard thereto (Matter of Barclay, 266 App. Div. 1059 , 1060; Moore v. Humbert, 268 App. Div. 813, 814 ). 1951(Surrogate’s Ct. Act, § 211; Matter of Barclay, 266 App. Div. 1059 ; Moore v. Humbert, 268 App. Div. 813 .) It is our opinion that there was insufficient proof of the rejection of the claim sued upon and that the notation on the supplemental citation did not amount to an unequivocal rejection of the claim for $517 and interest which was presented to the executrix. | 2 | 1951–1965 |
People v. Hoke
green
1 sentence2014The affirmative defense of extreme emotional disturbance – which a defendant must establish by a preponderance of the evidence (see Penal Law §§ 25.00 [2]; 125.25 [1] [a]) – permits "a defendant charged with murder in the second degree to demonstrate the existence of mitigating factors which indicate that, although he [or she] is not free from responsibility for his [or her] crime, he [or she] ought to be punished less severely by reducing the crime to manslaughter in the first degree" (People v Hoke, 276 AD2d 903 , 903 [2000], lv denied 96 NY2d 801 [2001]; see People v Gonzalez, 22 NY3d 539, | 1 | 2014–2014 |
People v. Chase
green
1 sentence2014Where, as here, a different verdict would not have been unreasonable, we must, like the trier of fact below, "weigh conflicting testimony, review any rational inferences that may be drawn from the evidence and evaluate the strength of such conclusions" (People v Danielson, 9 NY3d 342, 348 [2007]; see People v Bleakley, 69 NY2d 490, 495 [1987]; 1 Defendant also maintained that his actions were justified (see Penal Law § 35.15); the jury's rejection of this defense is not challenged upon appeal. 2 County Court, in its discretion, submitted only one of the two counts of criminal possession of a w | 1 | 2014–2014 |
Casassa v. New York
green
1 sentence2014The affirmative defense of extreme emotional disturbance – which a defendant must establish by a preponderance of the evidence (see Penal Law §§ 25.00 [2]; 125.25 [1] [a]) – permits "a defendant charged with murder in the second degree to demonstrate the existence of mitigating factors which indicate that, although he [or she] is not free from responsibility for his [or her] crime, he [or she] ought to be punished less severely by reducing the crime to manslaughter in the first degree" (People v Hoke, 276 AD2d 903 , 903 [2000], lv denied 96 NY2d 801 [2001]; see People v Gonzalez, 22 NY3d 539, | 1 | 2014–2014 |
People v. Franklin
neutral
1 sentence2014Where, as here, a different verdict would not have been unreasonable, we must, like the trier of fact below, "weigh conflicting testimony, review any rational inferences that may be drawn from the evidence and evaluate the strength of such conclusions" (People v Danielson, 9 NY3d 342, 348 [2007]; see People v Bleakley, 69 NY2d 490, 495 [1987]; 1 Defendant also maintained that his actions were justified (see Penal Law § 35.15); the jury's rejection of this defense is not challenged upon appeal. 2 County Court, in its discretion, submitted only one of the two counts of criminal possession of a w | 1 | 2014–2014 |
| People v. Reeder green | 1 | 2009–2009 |
| Scott v. State neutral | 1 | 2008–2008 |
| People v. Williams green | 1 | 2005–2005 |
| Defreestville Area Neighborhood Ass'n v. Planning Board green | 1 | 2005–2005 |
| People v. Reyes green | 1 | 2001–2001 |
| People v. Rayam green | 1 | 2001–2001 |
| People v. Black green | 1 | 1999–1999 |
| People v. O'Brien green | 1 | 1999–1999 |
| People v. Rison neutral | 1 | 1998–1998 |
| People v. Justice green | 1 | 1998–1998 |
| People v. Moss green | 1 | 1998–1998 |
| People v. Klumbach green | 1 | 1998–1998 |
| People v. Moore neutral | 1 | 1998–1998 |
| People v. Acosta green | 1 | 1998–1998 |
| People v. Carr neutral | 1 | 1996–1996 |
| People v. Drake green | 1 | 1996–1996 |
| People v. Miranda green | 1 | 1996–1996 |
| People v. Thompson green | 1 | 1996–1996 |
| People v. Reynoso green | 1 | 1996–1996 |
| People v. Gonzalez neutral | 1 | 1992–1992 |
| People v. Tugwell green | 1 | 1990–1990 |
| White v. . Rintoul green | 1 | 1987–1987 |
| Mallory v. . Gillett green | 1 | 1987–1987 |
| Richardson Press v. . Albright green | 1 | 1987–1987 |
| Witschard v. A. Brody & Sons, Inc. green | 1 | 1987–1987 |
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.
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.