reviewing claim in New York

10 New York opinions name it 1 courts 1997–2012 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 (7)

Case	Followed	Cited
People v. Seaberggreen ny · 1989 · cited in 2 New York opinions naming this issue, 2012–2012 2 sentences 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]). 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]).	2	2
People v. Horvathgreen nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2012–2012 2 sentences 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]). 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]).	2	2
People v. Hernandezgreen nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2012–2012 2 sentences 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]). 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]).	2	2
People v. Sammsgreen ny · 2000 · cited in 2 New York opinions naming this issue, 2012–2012 2 sentences 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]). 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]).	2	2
People v. Taranovichgreen ny · 1975 · cited in 1 New York opinions naming this issue, 2005–2005 1 sentence 2005Reviewing defendant’s contention that prosecutorial delay-deprived him of due process, this Court must consider “(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay” (People v Taranovich, 37 NY2d 442, 445 [1975]).	1	1
Gandianco v. Sobolgreen nyappdiv · 1991 · cited in 1 New York opinions naming this issue, 2003–2003 1 sentence 2003Conduct, 259 AD2d 847, 849 [1999], lv denied 93 NY2d 813 [1999]; Matter of Gandianco v Sobol, 171 AD2d 965, 967 [1991]), we find that, as to each of the charges sustained, necessary record support is present.	1	1
In re Ariana Q.green nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2003–2003 1 sentence 2003Conduct, 259 AD2d 847, 849 [1999], lv denied 93 NY2d 813 [1999]; Matter of Gandianco v Sobol, 171 AD2d 965, 967 [1991]), we find that, as to each of the charges sustained, necessary record support is present.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (17)

Case	Cited	Years
People v. Young neutral nyappdiv · 2009 2 sentences 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]). 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]).	2	2012–2012
People v. Boston green nyappdiv · 2010 2 sentences 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]). 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]).	2	2012–2012
People v. Casey green nyappdiv · 2011 2 sentences 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]). 2012Further, although the defendant failed to preserve for appellate review his claim that his conviction of sexual assault in the second degree in the State of Connecticut does not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) (see People v Samms, 95 NY2d 52, 57 [2000]), we reach this issue in the exercise of our interest of justice jurisdiction (see People v Johnson, 88 AD3d 907, 908 [2011]; People v Casey, 82 AD3d 1005 [2011]; People v Horvath, 81 AD3d 850, 851 [2011]; People v Boston, 79 AD3d 1140 [2010]).	2	2012–2012
People v. Ormsby green nyappdiv · 2011 2 sentences 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]). 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]).	2	2012–2012
People v. Maglione green nyappdiv · 2003 2 sentences 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]). 2012Contrary to the People’s contention, the defendant’s waiver of his right to appeal does not bar this Court from reviewing his claim that he was illegally sentenced as a second felony offender (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Ormsby, 89 AD3d 1244 [2011]; People v Young, 66 AD3d 1049 [2009]; People v Maglione, 305 AD2d 426 [2003]).	2	2012–2012
Larson v. Albany Medical Center green nyappdiv · 1998 2 sentences 1999Ctr., 252 AD2d 936, 938-939 ). 1999Ctr., 252 AD2d 936, 938-939 ).	2	1999–1999
People v. Hodges green nyappdiv · 1997 1 sentence 2001According appropriate deference to the findings made by County Court wMch accepted the officer’s testimony as credible regarding the circumstances under which the remaining oral and written statements were made, we can find no basis upon wMch we would disturb the determination rendered (see, People v Hodges, 244 AD2d 794 , lv denied 91 NY2d 973 ).	1	2001–2001
People v. Torres green ny · 1967 1 sentence 2001Reviewing defendant’s challenge to the Huntley hearing, which concluded with a finding that defendant was not in custody as of the time of Ms transport to the police station, we agree that the statement made during the police interview was spontaneous and not the product of custodial questioning (see, People v Torres, 21 NY2d 49 ; cf., People v Lanahan, 55 NY2d 711 ).	1	2001–2001
People v. Lanahan green ny · 1981 1 sentence 2001Reviewing defendant’s challenge to the Huntley hearing, which concluded with a finding that defendant was not in custody as of the time of Ms transport to the police station, we agree that the statement made during the police interview was spontaneous and not the product of custodial questioning (see, People v Torres, 21 NY2d 49 ; cf., People v Lanahan, 55 NY2d 711 ).	1	2001–2001
Hurley v. Bd. of Education of City of N.Y. green ny · 1936 1 sentence 2000Reviewing defendant’s proffer to Supreme Court, we note that “it was incumbent upon [defendant] to come forward with admissible evidence showing that plaintiff[’s] political affiliations and activities did not play a substantial part in its decision” (McManus v Grippen, 244 AD2d 632, 633 ). “[A] person successfully passing a competitive Civil Service examination does not acquire any legally protect-able interest’ in an appointment to the position for which the examination was given * * * nor ‘thereby gain a vested right to appointment to the position’ ” (Matter of Andriola v Ortiz, 82 NY2d 320	1	2000–2000
McManus v. Grippen green nyappdiv · 1997 1 sentence 2000Reviewing defendant’s proffer to Supreme Court, we note that “it was incumbent upon [defendant] to come forward with admissible evidence showing that plaintiff[’s] political affiliations and activities did not play a substantial part in its decision” (McManus v Grippen, 244 AD2d 632, 633 ). “[A] person successfully passing a competitive Civil Service examination does not acquire any legally protect-able interest’ in an appointment to the position for which the examination was given * * * nor ‘thereby gain a vested right to appointment to the position’ ” (Matter of Andriola v Ortiz, 82 NY2d 320	1	2000–2000
Mendenhall v. Cedarapids, Inc. green scotus · 1994 1 sentence 2000Reviewing defendant’s proffer to Supreme Court, we note that “it was incumbent upon [defendant] to come forward with admissible evidence showing that plaintiff[’s] political affiliations and activities did not play a substantial part in its decision” (McManus v Grippen, 244 AD2d 632, 633 ). “[A] person successfully passing a competitive Civil Service examination does not acquire any legally protect-able interest’ in an appointment to the position for which the examination was given * * * nor ‘thereby gain a vested right to appointment to the position’ ” (Matter of Andriola v Ortiz, 82 NY2d 320	1	2000–2000
MATTER OF ANDRIOLA v. Ortiz green ny · 1993 1 sentence 2000Reviewing defendant’s proffer to Supreme Court, we note that “it was incumbent upon [defendant] to come forward with admissible evidence showing that plaintiff[’s] political affiliations and activities did not play a substantial part in its decision” (McManus v Grippen, 244 AD2d 632, 633 ). “[A] person successfully passing a competitive Civil Service examination does not acquire any legally protect-able interest’ in an appointment to the position for which the examination was given * * * nor ‘thereby gain a vested right to appointment to the position’ ” (Matter of Andriola v Ortiz, 82 NY2d 320	1	2000–2000
People v. Burdo green ny · 1997 1 sentence 1999Reviewing defendant’s contention that certain of his statements were obtained in violation of his right to counsel, we reaffirm our holding in People v Burdo ( 224 AD2d 115 , affd 91 NY2d 146 ).	1	1999–1999
People v. Burdo neutral nyappdiv · 1996 1 sentence 1999Reviewing defendant’s contention that certain of his statements were obtained in violation of his right to counsel, we reaffirm our holding in People v Burdo ( 224 AD2d 115 , affd 91 NY2d 146 ).	1	1999–1999
Padula v. Lilarn Properties Corp. green ny · 1994 1 sentence 1997Corp., 84 NY2d 519 ; Gage v Raffensperger, 234 AD2d 751 ; Kellar v Mid-Hudson Coop.	1	1997–1997
Gage v. Raffensperger green nyappdiv · 1996 1 sentence 1997Corp., 84 NY2d 519 ; Gage v Raffensperger, 234 AD2d 751 ; Kellar v Mid-Hudson Coop.	1	1997–1997

Where else courts name it

LA 110 (1986–2026) TX 34 (1991–2025) AL 31 (1993–2017) MO 31 (1986–2025) OH 29 (1991–2026) IN 27 (1981–2020) IL 24 (1983–2026) MI 22 (1970–2026) PA 19 (1976–2026) CA 16 (1973–2024) CT 14 (1985–2025) NY 10 (1997–2012) NJ 7 (1981–2025) TN 6 (1989–2013) KS 6 (1911–2023) GA 5 (2000–2010) MN 5 (1986–1998) WV 4 (2006–2024) FL 4 (1984–2010) MD 4 (1981–2025) WI 3 (2017–2019) AR 3 (2020–2025) RI 3 (1977–1995) OR 3 (2002–2024) MS 3 (2000–2001) WA 3 (1910–2019) DC 2 (1993–2016) HI 2 (2016–2024) MT 2 (1979–2001) MA 2 (2009–2023) NC 2 (1984–2017) VA 2 (1997–2006) CO 2 (2017–2017) OK 2 (1984–2006) VT 2 (2010–2021) WY 2 (2000–2002)

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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