opportunity to correct error (New York) · Go Syfert
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opportunity to correct error in New York

10 New York opinions name it 2 courts 1981–2018 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 (8)

CaseFollowedCited
Green v. Tierneygreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Because the record does not indicate that Family Court gave the father or his counsel an opportunity to correct the error through the simple addition of a signature, the court should not have dismissed the objections on this ground (see Matter of Dakota SS. [Jessica SS.], 68 AD3d 1462, 1462 [2009]; Matter of Green v Tierney, 59 AD3d 900, 901 [2009]).

2014Because the record does not indicate that Family Court gave the father or his counsel an opportunity to correct the error through the simple addition of a signature, the court should not have dismissed the objections on this ground (see Matter of Dakota SS. [Jessica SS.], 68 AD3d 1462, 1462 [2009]; Matter of Green v Tierney, 59 AD3d 900, 901 [2009]).

22
Jessica SS. v. Patricia SS.green
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Because the record does not indicate that Family Court gave the father or his counsel an opportunity to correct the error through the simple addition of a signature, the court should not have dismissed the objections on this ground (see Matter of Dakota SS. [Jessica SS.], 68 AD3d 1462, 1462 [2009]; Matter of Green v Tierney, 59 AD3d 900, 901 [2009]).

2014Because the record does not indicate that Family Court gave the father or his counsel an opportunity to correct the error through the simple addition of a signature, the court should not have dismissed the objections on this ground (see Matter of Dakota SS. [Jessica SS.], 68 AD3d 1462, 1462 [2009]; Matter of Green v Tierney, 59 AD3d 900, 901 [2009]).

22
People v. Whalengreen
ny · 1983 · cited in 2 New York opinions naming this issue, 1985–2010
2 sentences

2010However, an objection raised after the initial charge is given will be considered timely provided that it is raised prior to the verdict and at a time which affords the court an opportunity to correct its error (see People v Albert, 85 NY2d 851, 853 [1995]; People v Khan, 68 NY2d 921, 922 [1986] ; People v Whalen, 59 NY2d 273, 280 [1983]).

1985Consequently, any objection must be deemed waived (People v Whalen, 59 NY2d 273, 279-280 ; People v McLaughlin, 104 AD2d 829 ).

12
People v. Hallgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018People v Hall , 78 AD3d 1328, 1329 [2010]).

11
People v. Rossgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Defendant failed to preserve this claim with a timely objection, and thus the court did not have an opportunity to correct this error ( see People v Ross , 34 AD3d 1124, 1125 [2006], lvs denied 8 NY3d 879 , 884 [2007]).

11
People v. Ojedagreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017In addition to objecting to specific questions, counsel unequivocally asserted that the court’s extensive questioning of witnesses was intrusive and prejudicial, thus providing an opportunity to correct the error (see CPL 470.05 [2]; cf. People v Charleston, 56 NY2d at 887-888 ; People v Ojeda, 118 AD3d 919, 919 [2014]).

11
People v. Albertgreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010However, an objection raised after the initial charge is given will be considered timely provided that it is raised prior to the verdict and at a time which affords the court an opportunity to correct its error (see People v Albert, 85 NY2d 851, 853 [1995]; People v Khan, 68 NY2d 921, 922 [1986] ; People v Whalen, 59 NY2d 273, 280 [1983]).

11
People v. Khangreen
ny · 1986 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010However, an objection raised after the initial charge is given will be considered timely provided that it is raised prior to the verdict and at a time which affords the court an opportunity to correct its error (see People v Albert, 85 NY2d 851, 853 [1995]; People v Khan, 68 NY2d 921, 922 [1986] ; People v Whalen, 59 NY2d 273, 280 [1983]).

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 (5)

CaseCitedYears
Delaney v. Philhern Realty Holding Corp. green
ny · 1939
2 sentences

1985Its function ‘is to give the court and the opposing party the opportunity to correct an error in the conduct of the trial’ (Delaney v Philhern Realty Holding Corp., 280 NY 461 , 467 * * *)” (Barry v Manglass, 55 NY2d 803, 805-806 ).

1981Its function “is to give the court and the opposing party the opportunity to correct an error in the conduct of the trial” (Delaney v Philhern Realty Holding Corp., 280 NY 461, 467 ; see 4 Weinstein-Korn-Miller, NY Civ Prac, par 4017.06).

21981–1985
People v. Charleston green
ny · 1982
1 sentence

2017In addition to objecting to specific questions, counsel unequivocally asserted that the court’s extensive questioning of witnesses was intrusive and prejudicial, thus providing an opportunity to correct the error (see CPL 470.05 [2]; cf. People v Charleston, 56 NY2d at 887-888 ; People v Ojeda, 118 AD3d 919, 919 [2014]).

12017–2017
Rashbaum v. Ambach green
nyappdiv · 1985
1 sentence

1986Consequently, any objection must be deemed waived” (People v Wolcott, 111 AD2d 513, 515 ).

11986–1986
People v. McLaughlin neutral
nyappdiv · 1984
1 sentence

1985Consequently, any objection must be deemed waived (People v Whalen, 59 NY2d 273, 279-280 ; People v McLaughlin, 104 AD2d 829 ).

11985–1985
Barry v. Manglass green
ny · 1981
1 sentence

1985Its function ‘is to give the court and the opposing party the opportunity to correct an error in the conduct of the trial’ (Delaney v Philhern Realty Holding Corp., 280 NY 461 , 467 * * *)” (Barry v Manglass, 55 NY2d 803, 805-806 ).

11985–1985

Where else courts name it

TX 263 (1917–2026) IL 104 (1893–2026) WA 70 (1915–2026) PA 63 (1966–2026) MI 57 (1883–2026) MO 54 (1878–2024) NH 53 (1988–2023) CA 35 (1930–2023) UT 33 (2004–2019) FL 29 (1986–2025) AR 23 (1980–2026) IA 21 (1868–2020) OR 18 (1939–2026) OH 17 (1985–2020) LA 16 (1927–2010) IN 16 (1892–2012) OK 15 (1914–2019) WI 13 (1984–2025) TN 12 (1998–2026) NM 12 (1950–2025) MS 11 (1997–2009) DC 11 (1968–2025) MT 10 (1896–2016) NY 10 (1981–2018) MD 7 (2004–2019) MA 7 (1999–2025) AZ 7 (1968–2008) KY 6 (1885–1961) AL 6 (1981–2011) WV 6 (1969–2024) SD 4 (1985–2016) CO 4 (1897–2011) NV 4 (1996–2017) NJ 3 (1984–2014) VT 3 (1933–2003) NC 2 (1991–2003) ID 2 (1974–1981) MN 2 (2002–2011) GA 2 (1978–2016)

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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