stand claim (New York) · Go Syfert
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stand claim in New York

10 New York opinions name it 6 courts 1910–2024 1 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)

CaseFollowedCited
People v. Sandovalgreen
ny · 1974 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Under Sandoval, a trial court may “make an advance ruling as to the use by the prosecution of prior convictions or proof of the prior commission of specific criminal, vicious or immoral acts for the purpose of impeaching a defendant’s credibility” ( 34 NY2d at 374 [internal citations omitted]).

11
People v. Wheelergreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Under these circumstances, we find defendant’s self-serving affidavit, without more, insufficient to satisfy his burden and overcome “the presumptions of the validity and regularity of the previous felony conviction []” (id. at 16; see People v Wheeler, 7 AD3d 281, 281 [2004], lv denied 3 NY3d 683 [2004]).

11
Tiborsky v. Martorellagreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

11
Chaffin v. Stynchcombegreen
scotus · 1973 · cited in 1 New York opinions naming this issue, 1980–1980
1 sentence

1980See also Jenkins v Anderson ( 447 US 231, 236 ) as to a choice “ ‘that has the effect of discouraging the exercise of constitutional rights.’ ” Furthermore, public policy, which must be considered in determining whether the “imposition of these difficult choices” is constitutional (see Chaffin v Stynchcombe, 412 US 17, 31 ), 8 supports constitutionality herein, for the prompt conclusion of child abuse proceedings is essential to child welfare.

11
Jenkins v. Andersongreen
scotus · 1980 · cited in 1 New York opinions naming this issue, 1980–1980
1 sentence

1980See also Jenkins v Anderson ( 447 US 231, 236 ) as to a choice “ ‘that has the effect of discouraging the exercise of constitutional rights.’ ” Furthermore, public policy, which must be considered in determining whether the “imposition of these difficult choices” is constitutional (see Chaffin v Stynchcombe, 412 US 17, 31 ), 8 supports constitutionality herein, for the prompt conclusion of child abuse proceedings is essential to child welfare.

11
Cohen v. United Statesgreen
scotus · 1966 · cited in 1 New York opinions naming this issue, 1968–1968
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

11
Benjamin Cohen v. United Statesgreen
ca5 · 1966 · cited in 1 New York opinions naming this issue, 1968–1968
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

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 (16)

CaseCitedYears
People v. Owens green
ny · 1968
2 sentences

1978(People v Owens, 22 NY2d 93 ; People v Pollock, 21 NY2d 206 ; People v Paulino, 60 AD2d 769 .) As the Court of Appeals held in People v Owens (supra, p 97 ): "the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant”.

1978(People v Owens, 22 NY2d 93 ; People v Pollock, 21 NY2d 206 ; People v Paulino, 60 AD2d 769 .) As the Court of Appeals held in People v Owens (supra, p 97 ): "the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant”.

21978–1986
Fraylich v. Maimonides Hospital neutral
nyappdiv · 1998
1 sentence

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

12004–2004
Luce v. State green
nyappdiv · 1999
1 sentence

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

12004–2004
Zimmerman v. Jamaica Hospital, Inc. green
nyappdiv · 1988
2 sentences

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

12004–2004
Levande v. Dines green
nyappdiv · 1989
1 sentence

2004(See, Zimmerman v Jamaica Hosp., 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]; Tiborsky v Martorella, 188 AD2d 795, 796 [3d Dept 1992]; Levande v Dines, 153 AD2d 671 [2d Dept 1989]; Fraylich v Maimonides Hosp., 251 AD2d 251 [1st Dept 1998]; Luce v State of New York, 266 AD2d 877 [4th Dept 1999].) In Zimmerman v Jamaica Hosp. ( 143 AD2d 86 [2d Dept 1988], lv denied 73 NY2d 702 [1988]), for example, the Appellate Division, Second Department, held that there was no violation of any ethical or legal proscription occasioned by the trial testimony of a treating physician, who was called

12004–2004
New Jersey v. Portash green
scotus · 1979
1 sentence

2000In New Jersey v Portash ( 440 US 450 [1979]), the Supreme Court held that the threatened use of defendant’s immunized Grand Jury testimony for impeachment purposes should the defendant take the stand was such an error, requiring reversal without resort to a harmless error analysis even though the defendant did not take the stand.

12000–2000
People v. Bornholdt green
ny · 1973
1 sentence

1986But there must be a showing of intention to call the codefendant as a witness and a need to do so; the mere statement of intention is hardly sufficient unless the circumstances indicate sincerity of intention and reasonable need.” (People v Owens, supra, pp 97-98 .) On the issue of severance "The Court of Appeals * * * in People v Bornholdt ( 33 NY2d 75 , cert den sub nom.

11986–1986
Westchester Rockland Newspapers, Inc. v. Leggett green
ny · 1979
1 sentence

1980In fact, in a recent decision, Matter of Westchester Rockland Newspapers v Leggett ( 48 NY2d 430, 441 ), which concerned the closure of a courtroom during a competency hearing, the Court of Appeals while stating that evidence going to defendant’s competency “would ordinarily reveal little or nothing about his possible guilt of the crimes charged”, impliedly recognized that there could be situations where the facts surrounding defendant’s guilt might come into play.

11980–1980
People v. Paulino neutral
nyappdiv · 1977
1 sentence

1978(People v Owens, 22 NY2d 93 ; People v Pollock, 21 NY2d 206 ; People v Paulino, 60 AD2d 769 .) As the Court of Appeals held in People v Owens (supra, p 97 ): "the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant”.

11978–1978
People v. Pollock green
ny · 1967
1 sentence

1978(People v Owens, 22 NY2d 93 ; People v Pollock, 21 NY2d 206 ; People v Paulino, 60 AD2d 769 .) As the Court of Appeals held in People v Owens (supra, p 97 ): "the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant”.

11978–1978
United States v. Housing Foundation of America, Inc. green
ca3 · 1949
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

11968–1968
United States v. Julius L. Echeles green
ca7 · 1965
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

11968–1968
People v. Krugman neutral
nysupct · 1964
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

11968–1968
People v. Hannon neutral
nysupct · 1966
1 sentence

1968This conclusion is correct; the privilege against self incrimination is violated whenever a criminal defendant is compelled to take the stand and claim his privilege, whether at the behest of the prosecution or a codefendant (United States v. Housing Foundation of America, 176 F. 2d 665, 666 ; 8 Wigmore, Evidence [McNaughton rev. ed.], § 2268, p. 410; see Cohen v. United States, 363 F. 2d 321, 328 , cert. den. 385 U. S. 957 ; United States v. Echeles, 352 F. 2d 892, 897 ; People v. Hannon, 50 Misc 2d 297, 301 ; People v. Krugman, 44 Misc 2d 48, 51 ).

11968–1968
McCoy v. Munro neutral
nyappdiv · 1902
1 sentence

1910McCoy v. Munro, 76 App. Div. 435, 437 , 78 N. Y.

11910–1910
McCoy v. Munro neutral
nyappdiv · 1902
1 sentence

1910McCoy v. Munro, 76 App. Div. 435, 437 , 78 N. Y.

11910–1910

Where else courts name it

CA 22 (1941–2026) TX 21 (1967–2019) PA 12 (1936–2026) NY 10 (1910–2024) GA 9 (1975–2026) LA 7 (1976–2010) MS 6 (1992–2006) MN 6 (1938–2023) OH 6 (1949–2023) TN 5 (1979–2010) MA 5 (1971–2025) MI 5 (1959–1982) MT 5 (1927–2018) AZ 5 (1967–1976) OR 5 (1940–2025) IL 5 (1977–2021) DC 4 (1974–2011) CO 4 (1946–2010) MD 3 (2001–2019) WA 3 (2014–2015) KS 3 (1970–2021) SC 3 (2012–2021) AR 3 (1976–2017) NJ 3 (1970–1988) HI 2 (1920–2017) UT 2 (2003–2025) AL 2 (1973–1985) IA 2 (1924–2015) MO 2 (1957–2014) RI 2 (1971–2001) NH 2 (1970–1987) NV 2 (1965–1984) FL 2 (1989–2018) WI 2 (1883–2020)

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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