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

9 New York opinions name it 4 courts 1889–2026 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.

Followed or applied (6)

CaseFollowedCited
People v. Michaelgreen
ny · 1979 · cited in 3 New York opinions naming this issue, 1988–2025
2 sentences

2025That head-scratching view of the preservation doctrine inexplicably ignores the doctrine's animating purpose—to "preserve[ ] limited judicial resources" by "allow[ing] the trial court an opportunity to correct any error in the proceedings below at a time when the issue can be dealt with most effectively" ( Delorbe , 35 NY3d at 119 [internal quotation marks omitted]); accord People v Michael , 48 NY2d 1, 6 [1979]; see also People v Jackson , 29 NY3d 18, 22 [2017, Rivera, J.] ["The salutary goal of th[e] well-established preservation requirement is to avoid the need for an appeal"; it is "ground

2025That head-scratching view of the preservation doctrine inexplicably ignores the doctrine's animating purpose—to "preserve[ ] limited judicial resources" by "allow[ing] the trial court an opportunity to correct any error in the proceedings below at a time when the issue can be dealt with most effectively" ( Delorbe , 35 NY3d at 119 [internal quotation marks omitted]); accord People v Michael , 48 NY2d 1, 6 [1979]; see also People v Jackson , 29 NY3d 18, 22 [2017, Rivera, J.] ["The salutary goal of th[e] well-established preservation requirement is to avoid the need for an appeal"; it is "ground

33
People v. Lopezgreen
ny · 1988 · cited in 2 New York opinions naming this issue, 2020–2026
2 sentences

2026It also helps "preserve limited judicial resources and avoid untoward delay in the resolution of criminal proceedings" by giving the trial court "an opportunity to correct any error . . . at a time when the issue can be dealt with most effectively" ( People v Lopez , 71 NY2d 662, 665 [1988] [internal quotation marks omitted]).

2026It also helps "preserve limited judicial resources and avoid untoward delay in the resolution of criminal proceedings" by giving the trial court "an opportunity to correct any error . . . at a time when the issue can be dealt with most effectively" ( People v Lopez , 71 NY2d 662, 665 [1988] [internal quotation marks omitted]).

22
People v. Nievesgreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026There is, however, " 'a narrow exception to the preservation rule' . . . where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record" ( People v Nieves , 2 NY3d 310, 315 [2004], quoting People v Samms , 95 NY2d 52, 56 [2000]).

2026There is, however, " 'a narrow exception to the preservation rule' . . . where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record" ( People v Nieves , 2 NY3d 310, 315 [2004], quoting People v Samms , 95 NY2d 52, 56 [2000]).

11
People v. Sammsgreen
ny · 2000 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026There is, however, " 'a narrow exception to the preservation rule' . . . where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record" ( People v Nieves , 2 NY3d 310, 315 [2004], quoting People v Samms , 95 NY2d 52, 56 [2000]).

2026There is, however, " 'a narrow exception to the preservation rule' . . . where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record" ( People v Nieves , 2 NY3d 310, 315 [2004], quoting People v Samms , 95 NY2d 52, 56 [2000]).

11
The People v. Thomas Jacksongreen
ny · 2017 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025That head-scratching view of the preservation doctrine inexplicably ignores the doctrine's animating purpose—to "preserve[ ] limited judicial resources" by "allow[ing] the trial court an opportunity to correct any error in the proceedings below at a time when the issue can be dealt with most effectively" ( Delorbe , 35 NY3d at 119 [internal quotation marks omitted]); accord People v Michael , 48 NY2d 1, 6 [1979]; see also People v Jackson , 29 NY3d 18, 22 [2017, Rivera, J.] ["The salutary goal of th[e] well-established preservation requirement is to avoid the need for an appeal"; it is "ground

2025That head-scratching view of the preservation doctrine inexplicably ignores the doctrine's animating purpose—to "preserve[ ] limited judicial resources" by "allow[ing] the trial court an opportunity to correct any error in the proceedings below at a time when the issue can be dealt with most effectively" ( Delorbe , 35 NY3d at 119 [internal quotation marks omitted]); accord People v Michael , 48 NY2d 1, 6 [1979]; see also People v Jackson , 29 NY3d 18, 22 [2017, Rivera, J.] ["The salutary goal of th[e] well-established preservation requirement is to avoid the need for an appeal"; it is "ground

11
Barry v. Manglassgreen
ny · 1981 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006(Barry v Manglass, 55 NY2d 803, 805-806 [1981].) In any event, the trial court’s charge on damages was practically a verbatim recitation of New York Pattern Jury Instructions — Civil (PJI3d 2:280 [2004]), and no fundamental error is demonstrated so as to warrant a new trial on this ground.

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
People v. Hoke green
ny · 1984
2 sentences

1985Kersch did not object specifically to that part of the statement and his general protest did not give the court an opportunity to correct any error (People v Hoke, supra).

1985Defense counsel, having heard the charge as given, is in the best position to know whether, in view of all of the evidence, the charge is prejudicial to his client, and "by objection at that point gives the court the opportunity to correct any error.” (People v Hoke, 62 NY2d 1022, 1023 , n.)

21985–1985
Alvarez v. Goord green
nyappdiv · 1997
1 sentence

2002In any event, in the absence of any prejudice from the alleged inadequate assistance, the claim had no merit (see, Matter of Alvarez v Goord, 243 AD2d 973 ).

12002–2002
Geddes v. Wilmot green
nyappdiv · 1985
1 sentence

2002Petitioner’s procedural claim that he was not provided with adequate employee assistance was not preserved by a timely objection at the hearing (see, Matter of Bobet v Coughlin, 231 AD2d 759 ), at a time when the Hearing Officer would have had an opportunity to correct any error (see, Matter of Geddes v Wilmot, 111 AD2d 474 , lv denied 66 NY2d 603 , appeal dismissed 66 NY2d 914 ).

12002–2002
Bobet v. Coughlin neutral
nyappdiv · 1996
1 sentence

2002Petitioner’s procedural claim that he was not provided with adequate employee assistance was not preserved by a timely objection at the hearing (see, Matter of Bobet v Coughlin, 231 AD2d 759 ), at a time when the Hearing Officer would have had an opportunity to correct any error (see, Matter of Geddes v Wilmot, 111 AD2d 474 , lv denied 66 NY2d 603 , appeal dismissed 66 NY2d 914 ).

12002–2002
People Ex Rel. Mutual Union Telegraph Co v. Commissioners of Taxes neutral
ny · 1885
1 sentence

1889People v. Commissioners, 99 N. Y. 254 , 1 N. E.

11889–1889

Where else courts name it

OR 122 (1916–2026) WA 73 (1976–2026) CO 42 (1989–2026) NH 34 (1982–2025) TX 25 (1932–2024) IL 21 (1969–2025) AR 19 (1970–2017) AL 19 (1970–2026) FL 12 (1986–2020) NM 12 (1986–2025) IA 12 (1894–2021) GA 11 (1976–2005) NY 9 (1889–2026) MO 9 (1978–2016) PA 7 (1939–2021) SD 7 (2004–2024) AZ 6 (1992–2020) OK 6 (1950–1999) WI 5 (2006–2023) MD 5 (1978–2017) UT 5 (1995–2015) MA 4 (1989–2018) DE 4 (2009–2025) VT 4 (1988–2013) CA 4 (1961–2024) NC 4 (1921–1985) CT 4 (1997–2012) LA 3 (1971–1997) IN 3 (1969–2003) VA 3 (2001–2023) MN 3 (1956–1986) KY 2 (2009–2011) OH 2 (2005–2007)

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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