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9 New York opinions name it 2 courts 1941–2020 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.
| Case | Followed | Cited |
|---|---|---|
People v. Agostogreen2 sentences2008“It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced” (People v Bowden, 198 AD2d 39, 40 [1993]; see People v Agosto, 73 NY2d 963, 967 [1989]). 1998On his appeal to the Appellate Division, defendant contended that the trial court committed reversible error when it refused to grant his request that the jury be given an interested witness instruction (see, People v Agosto, 73 NY2d 963, 967 ; 1 CJI[NY] 7.03; see also, People v Le Mieux, 51 NY2d 981 ; CPL 300.10 [5]). | 1 | 3 |
People v. Piedragreen1 sentence2020As defendant concedes, this argument is unpreserved for our review ( see People v Piedra , 87 AD3d 706, 707 [2011], lv denied 17 NY3d 955 [2011]; People v Dees , 45 AD3d 602 , 603 [2007], lv denied 9 NY3d 1032 [2008]), and we decline his request to exercise our interest of justice jurisdiction to modify the judgment on this ground. | 1 | 1 |
People v. Rimmengreen1 sentence2020We thus find that County Court did not abuse its discretion in declining to declare a mistrial ( see People v Hamilton , 176 AD3d 1505 , 1507 [2019], lvs denied 34 NY3d 1126 , 1128 [2020]; People v Rimmen , 8 AD3d 1088, 1088 [2004], lv denied 3 NY3d 661 [2004]; People v West , 271 AD2d 806, 809 [2000], lv denied 95 NY2d 893 [2000]). [FN9] Finally, defendant argues that County Court undermined the presumption of innocence and deprived him of his right to a fair trial by giving an interested witness instruction — modeled almost exactly upon the text of the pertinent pattern instruction — that pe | 1 | 1 |
People v. Westgreen1 sentence2020We thus find that County Court did not abuse its discretion in declining to declare a mistrial ( see People v Hamilton , 176 AD3d 1505 , 1507 [2019], lvs denied 34 NY3d 1126 , 1128 [2020]; People v Rimmen , 8 AD3d 1088, 1088 [2004], lv denied 3 NY3d 661 [2004]; People v West , 271 AD2d 806, 809 [2000], lv denied 95 NY2d 893 [2000]). [FN9] Finally, defendant argues that County Court undermined the presumption of innocence and deprived him of his right to a fair trial by giving an interested witness instruction — modeled almost exactly upon the text of the pertinent pattern instruction — that pe | 1 | 1 |
Reagan v. United Statesgreen1 sentence2015The court’s interested witness instruction was not constitutionally deficient in any respect (see People v Blake, 39 AD3d 402, 403 [1st Dept 2007], lv denied 9 NY3d 873 [2007]; see also Reagan v United States, 157 US 301, 305-311 [1895]). *616 We perceive no basis for reducing the sentence. | 1 | 1 |
People v. Blakegreen1 sentence2015The court’s interested witness instruction was not constitutionally deficient in any respect (see People v Blake, 39 AD3d 402, 403 [1st Dept 2007], lv denied 9 NY3d 873 [2007]; see also Reagan v United States, 157 US 301, 305-311 [1895]). *616 We perceive no basis for reducing the sentence. | 1 | 1 |
People v. Silergreen1 sentence2010Defendant’s further contention that he was entitled to an interested witness instruction concerning the victim’s testimony is unpreserved by his failure to request it (see People v Siler, 288 AD2d 625, 628 [2001], lv denied 97 NY2d 709 [2002]). | 1 | 1 |
People v. Bowdengreen2 sentences2008“It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced” (People v Bowden, 198 AD2d 39, 40 [1993]; see People v Agosto, 73 NY2d 963, 967 [1989]). 2008“It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced” (People v Bowden, 198 AD2d 39, 40 [1993]; see People v Agosto, 73 NY2d 963, 967 [1989]). | 1 | 1 |
People v. Clarkgreen1 sentence2008As the People correctly concede, pursuant to our decision in the appeal of a second codefendant, who was tried jointly with defendant (People v Clark, 6 AD3d 1066, 1068 [2004], lv denied 3 NY3d 638 [2004]), that part of the judgment convicting defendant of criminal possession of a weapon in the second degree must be reversed and that count of the indictment dismissed. | 1 | 1 |
People v. Le Mieuxgreen1 sentence1998On his appeal to the Appellate Division, defendant contended that the trial court committed reversible error when it refused to grant his request that the jury be given an interested witness instruction (see, People v Agosto, 73 NY2d 963, 967 ; 1 CJI[NY] 7.03; see also, People v Le Mieux, 51 NY2d 981 ; CPL 300.10 [5]). | 1 | 1 |
People v. Pizarrogreen1 sentence1993It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced (People v Agosto, 73 NY2d 963, 967 ; see also, e.g., People v Pizarro, 190 AD2d 634 , lv denied 81 NY2d 1018 ; People v Grant, 186 AD2d 267 , lv denied 81 NY2d 762 ; People v Holly, 184 AD2d 581 , lv denied 80 NY2d 904 ; People v Suarez, 125 AD2d 350 , lv denied 69 NY2d 750 | 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. Rivera
neutral
1 sentence2020As defendant concedes, this argument is unpreserved for our review ( see People v Piedra , 87 AD3d 706, 707 [2011], lv denied 17 NY3d 955 [2011]; People v Dees , 45 AD3d 602 , 603 [2007], lv denied 9 NY3d 1032 [2008]), and we decline his request to exercise our interest of justice jurisdiction to modify the judgment on this ground. | 1 | 2020–2020 |
People v. Rimmen
green
1 sentence2020We thus find that County Court did not abuse its discretion in declining to declare a mistrial ( see People v Hamilton , 176 AD3d 1505 , 1507 [2019], lvs denied 34 NY3d 1126 , 1128 [2020]; People v Rimmen , 8 AD3d 1088, 1088 [2004], lv denied 3 NY3d 661 [2004]; People v West , 271 AD2d 806, 809 [2000], lv denied 95 NY2d 893 [2000]). [FN9] Finally, defendant argues that County Court undermined the presumption of innocence and deprived him of his right to a fair trial by giving an interested witness instruction — modeled almost exactly upon the text of the pertinent pattern instruction — that pe | 1 | 2020–2020 |
People v. Dees
green
1 sentence2020As defendant concedes, this argument is unpreserved for our review ( see People v Piedra , 87 AD3d 706, 707 [2011], lv denied 17 NY3d 955 [2011]; People v Dees , 45 AD3d 602 , 603 [2007], lv denied 9 NY3d 1032 [2008]), and we decline his request to exercise our interest of justice jurisdiction to modify the judgment on this ground. | 1 | 2020–2020 |
People v. Colon
green
1 sentence2008As the People correctly concede, pursuant to our decision in the appeal of a second codefendant, who was tried jointly with defendant (People v Clark, 6 AD3d 1066, 1068 [2004], lv denied 3 NY3d 638 [2004]), that part of the judgment convicting defendant of criminal possession of a weapon in the second degree must be reversed and that count of the indictment dismissed. | 1 | 2008–2008 |
Thomas v. Kuhlman
green
1 sentence2008We have reviewed his pro se claim that the People improperly presented witness testimony that it knew to be false (see Thomas v Kuhlman, 255 F Supp 2d 99 [ED NY 2003]) and find it to be without merit. | 1 | 2008–2008 |
People v. Guillen
green
1 sentence2008Finally, defendant’s contention that County Court erred in giving an interested witness instruction to the jury with respect to his testimony is unpreserved for this Court’s review (see People v Jean-Baptiste, 37 AD3d 852 , 853 [2007], lv denied 9 NY3d 845 [2007]). | 1 | 2008–2008 |
People v. Williams
neutral
1 sentence1998In unanimously affirming the judgment of conviction, that Court held that defendant’s contention was unpreserved for appellate review ( 240 AD2d 686 ). | 1 | 1998–1998 |
People v. Hickey
neutral
1 sentence1995Also unpreserved, and in any event without merit, is defendant’s challenge to the interested witness instruction (People v Hickey, 162 AD2d 708, 709 , Iv denied 76 NY2d 858 ). | 1 | 1995–1995 |
People v. Suarez
green
1 sentence1993It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced (People v Agosto, 73 NY2d 963, 967 ; see also, e.g., People v Pizarro, 190 AD2d 634 , lv denied 81 NY2d 1018 ; People v Grant, 186 AD2d 267 , lv denied 81 NY2d 762 ; People v Holly, 184 AD2d 581 , lv denied 80 NY2d 904 ; People v Suarez, 125 AD2d 350 , lv denied 69 NY2d 750 | 1 | 1993–1993 |
People v. Holly
neutral
1 sentence1993It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced (People v Agosto, 73 NY2d 963, 967 ; see also, e.g., People v Pizarro, 190 AD2d 634 , lv denied 81 NY2d 1018 ; People v Grant, 186 AD2d 267 , lv denied 81 NY2d 762 ; People v Holly, 184 AD2d 581 , lv denied 80 NY2d 904 ; People v Suarez, 125 AD2d 350 , lv denied 69 NY2d 750 | 1 | 1993–1993 |
People v. Gonzalez
green
1 sentence1993It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced (People v Agosto, 73 NY2d 963, 967 ; see also, e.g., People v Pizarro, 190 AD2d 634 , lv denied 81 NY2d 1018 ; People v Grant, 186 AD2d 267 , lv denied 81 NY2d 762 ; People v Holly, 184 AD2d 581 , lv denied 80 NY2d 904 ; People v Suarez, 125 AD2d 350 , lv denied 69 NY2d 750 | 1 | 1993–1993 |
Parkin v. Cornell University, Inc.
green
1 sentence1993It has been repeatedly held that the standard interested witness instruction that was given here, which instructs that the defendant is an interested witness as a matter of law and that the jury is free to find, as a matter of fact, that any of the prosecution’s witnesses are also interested witnesses, is properly balanced (People v Agosto, 73 NY2d 963, 967 ; see also, e.g., People v Pizarro, 190 AD2d 634 , lv denied 81 NY2d 1018 ; People v Grant, 186 AD2d 267 , lv denied 81 NY2d 762 ; People v Holly, 184 AD2d 581 , lv denied 80 NY2d 904 ; People v Suarez, 125 AD2d 350 , lv denied 69 NY2d 750 | 1 | 1993–1993 |
People v. . Walker
green
1 sentence1941(See People v. Walker, 198 N. Y. 329, 335 .) Nor do we believe that conception to be any the more acceptable because as one of its consequences a guilty accused would be entitled to confirm an interested witness for his defense by dint of the same rambling and outside process that was here resorted to in the endeavor to under-prop the intrinsically dubious oath of Beles. | 1 | 1941–1941 |
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.