informant defense (New York) · Go Syfert
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informant defense in New York

9 New York opinions name it 4 courts 1975–1997 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 (4)

CaseFollowedCited
People v. Rodriguezgreen
ny · 1995 · cited in 1 New York opinions naming this issue, 1997–1997
1 sentence

1997Notwithstanding the defendant’s assertion to the contrary, he was not denied his right to be present at a material stage of trial when his attorney conducted an in-court interview of the confidential informant in his absence, after the court denied the attorney’s application to have the defendant present for her inquiry into the possibility of calling the informant as a defense witness (see, People v Turaine, 227 AD2d 299 ; see generally, People v Dokes, 79 NY2d 656, 659 ; see also, People v Rodriguez, 85 NY2d 586, 590 ; CPL 260.20).

11
People v. Dokesgreen
ny · 1992 · cited in 1 New York opinions naming this issue, 1997–1997
1 sentence

1997Notwithstanding the defendant’s assertion to the contrary, he was not denied his right to be present at a material stage of trial when his attorney conducted an in-court interview of the confidential informant in his absence, after the court denied the attorney’s application to have the defendant present for her inquiry into the possibility of calling the informant as a defense witness (see, People v Turaine, 227 AD2d 299 ; see generally, People v Dokes, 79 NY2d 656, 659 ; see also, People v Rodriguez, 85 NY2d 586, 590 ; CPL 260.20).

11
People v. Adriongreen
ny · 1993 · cited in 1 New York opinions naming this issue, 1996–1996
1 sentence

1996In the instant case, the record clearly reveals that the police investigators who obtained the search warrant would not have been in the position to make any observations or collect any other information in support of the search warrant without the information initially supplied to them by Sheppard (see, People v Adrion, supra, at 636), whose information was tied to every significant aspect of the People’s proof on the issue of probable cause.

11
People v. Velezgreen
nysupct · 1990 · cited in 1 New York opinions naming this issue, 1991–1991
1 sentence

1991However, the court also noted that, "no matter how great the risk, if fundamental fairness dictates disclosure, the courts must order it. * * * [T]he People’s only alternative at that point, unpleasant although it might be, would be a dismissal of the charges.” (People v Lind, supra, at 871.) Finally, it was held that the People’s application should suggest the appropriate redaction or paraphrasing, being careful to include as many details as possible, but explaining the reason for each deletion.

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 (13)

CaseCitedYears
People v. Huggins green
ny · 1975
2 sentences

1982Such a disclosure at suppression hearings is a matter left to the sound but reviewable discretion of the hearing court (People v Huggins, 36 NY2d 827 ).

1977Such a disclosure at suppression hearings is a matter left to the sound but reviewable discretion of the hearing court (People v Huggins, 36 NY2d 827 ).

21977–1982
People v. Turaine green
nyappdiv · 1996
1 sentence

1997Notwithstanding the defendant’s assertion to the contrary, he was not denied his right to be present at a material stage of trial when his attorney conducted an in-court interview of the confidential informant in his absence, after the court denied the attorney’s application to have the defendant present for her inquiry into the possibility of calling the informant as a defense witness (see, People v Turaine, 227 AD2d 299 ; see generally, People v Dokes, 79 NY2d 656, 659 ; see also, People v Rodriguez, 85 NY2d 586, 590 ; CPL 260.20).

11997–1997
People v. Castillo green
ny · 1992
1 sentence

1996Ultimately, the decision whether to disclose the identity of the informant to the defense is left to the discretion of the trial court (see, e.g., People v Castillo, 80 NY2d 578, 583 , cert denied 507 US 1033 ).

11996–1996
Peterson v. Stafford green
scotus · 1993
1 sentence

1996Ultimately, the decision whether to disclose the identity of the informant to the defense is left to the discretion of the trial court (see, e.g., People v Castillo, 80 NY2d 578, 583 , cert denied 507 US 1033 ).

11996–1996
People v. Riggins green
nyappdiv · 1990
1 sentence

1995In rendering its opinion in People v Riggins (supra), the Appellate Division quoted the Court of Appeals in Matter of Campbell v Pesce ( 60 NY2d 165, 169 ), wherein the Court observed: " 'In no instance have we recognized a court’s inherent power to vacate a plea and sentence over defendant’s objection where the error goes beyond mere clerical error apparent on the face of the record and where the proceeding has terminated by the entry of judgment.

11995–1995
Campbell v. Pesce green
ny · 1983
1 sentence

1995In rendering its opinion in People v Riggins (supra), the Appellate Division quoted the Court of Appeals in Matter of Campbell v Pesce ( 60 NY2d 165, 169 ), wherein the Court observed: " 'In no instance have we recognized a court’s inherent power to vacate a plea and sentence over defendant’s objection where the error goes beyond mere clerical error apparent on the face of the record and where the proceeding has terminated by the entry of judgment.

11995–1995
People v. Osorio green
nyappdiv · 1982
1 sentence

1988The prosecutor did offer to grant the informant immunity for his prior statement to the police, and it can be assumed that if the informant testified truthfully at the hearing there would be no prosecution for perjury (People v Shapiro, supra; People v Osorio, supra; People v Priester, 98 AD2d 820 ).

11988–1988
People v. Priester green
nyappdiv · 1983
1 sentence

1988The prosecutor did offer to grant the informant immunity for his prior statement to the police, and it can be assumed that if the informant testified truthfully at the hearing there would be no prosecution for perjury (People v Shapiro, supra; People v Osorio, supra; People v Priester, 98 AD2d 820 ).

11988–1988
People v. Shapiro green
ny · 1980
2 sentences

1988The prosecutor did offer to grant the informant immunity for his prior statement to the police, and it can be assumed that if the informant testified truthfully at the hearing there would be no prosecution for perjury (People v Shapiro, supra; People v Osorio, supra; People v Priester, 98 AD2d 820 ).

1988People v Shapiro (supra) indicated that the prosecutor has an obligation to warn a potential witness of his possible liability for false testimony, the only condition being that such warnings not be emphasized to the point where they are transformed into instruments of intimidation.

11988–1988
In re Jacob WW. neutral
nyappdiv · 2008
1 sentence

1982In People v West ( 56 AD2d 995, 956 ), a post-Darden case involving a jury verdict convicting defendant of the crime of criminal possession of a controlled substance in the fifth degree, the court remarked: “Defendant next claims that the court erred in its refusal to reveal the identity of the informant to the defense.

11982–1982
People v. Alamo green
nyappdiv · 1978
1 sentence

1979The confidential informant was inextricably involved with the purchase of the cocaine; although he said he was not present at the time of the exchange of the cocaine for the price, he participated in the negotiations almost to the point of excluding the undercover police officer from the conversations, and there were discrepancies between his version of the transaction and the testimony of the purchaser, especially in view of the defendant’s testimony at the trial (cf. People v Alamo, 63 AD2d 6, 7 ).

11979–1979
People v. Goggins green
ny · 1974
1 sentence

1975We reasoned that when probable cause is the issue, as opposed to guilt, the defendant’s rights are amply protected by an in camera examination of the informant by the hearing Judge (People v Darden, supra, p 181 ; People v Goggins, supra, p 168 ).

11975–1975
People v. Darden green
ny · 1974
1 sentence

1975We reasoned that when probable cause is the issue, as opposed to guilt, the defendant’s rights are amply protected by an in camera examination of the informant by the hearing Judge (People v Darden, supra, p 181 ; People v Goggins, supra, p 168 ).

11975–1975

Where else courts name it

IL 15 (1987–2020) MA 12 (2009–2025) CA 9 (1966–2020) NY 9 (1975–1997) KS 7 (1999–2024) MI 7 (1978–2003) WA 6 (1984–2019) PA 4 (1983–2023) MS 4 (1998–2010) NJ 4 (1973–1999) MD 4 (1989–2014) FL 3 (2003–2013) WV 3 (1988–2022) OH 2 (2001–2015) ID 2 (2008–2011) CT 2 (2011–2023) GA 2 (1990–1996) MO 2 (1979–1982)

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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