unless error (New York) · Go Syfert
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unless error in New York

9 New York opinions name it 3 courts 1976–2016 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 (6)

CaseFollowedCited
People v. Crimminsgreen
ny · 1975 · cited in 6 New York opinions naming this issue, 2002–2016
2 sentences

2016A constitutional error requires reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, the proof of the defendant’s guilt, without reference to the error, is overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant’s conviction (see People v Crimmins, 36 NY2d 230, 237-242 [1975]).

2016A constitutional error requires reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, the proof of the defendant’s guilt, without reference to the error, is overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant’s conviction (see People v Crimmins, 36 NY2d 230, 237-242 [1975]).

46
People v. Smithgreen
ny · 2002 · cited in 2 New York opinions naming this issue, 2002–2008
2 sentences

2008However, on this record, we conclude that such error was harmless. “[A] constitutional error requires a reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, ‘there is no reasonable possibility that the error might have contributed to defendant’s conviction’ ” (People v Smith, 97 NY2d 324, 330 [2002], quoting People v Crimmins, 36 NY2d 230, 237 [1975]; see People v Wardlaw, 6 NY3d 556, 560-561 [2006]; People v Goldstein, 6 NY3d 119, 129-130 [2005]).

2002Notwithstanding the constitutional error of admitting the illegally seized key in evidence, we find reversal is not required. “[A] constitutional error requires a reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, ‘there is no reasonable possibility that the error might have contributed to defendant’s conviction’ ” (People v Smith, 97 NY2d 324, 330 , quoting People v Crimmins, 36 NY2d 230, 237 ).

12
People v. Ellisongreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016“A constitutional error requires reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, the proof of the defendant’s guilt, without reference to the error, is overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant’s conviction” (People v Ellison, 138 AD3d 1137, 1138 [2016]; see People v Crimmins, 36 NY2d 230, 237-242 [1975]).

11
People v. Goldsteingreen
ny · 2005 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008However, on this record, we conclude that such error was harmless. “[A] constitutional error requires a reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, ‘there is no reasonable possibility that the error might have contributed to defendant’s conviction’ ” (People v Smith, 97 NY2d 324, 330 [2002], quoting People v Crimmins, 36 NY2d 230, 237 [1975]; see People v Wardlaw, 6 NY3d 556, 560-561 [2006]; People v Goldstein, 6 NY3d 119, 129-130 [2005]).

11
People v. Paulmangreen
ny · 2005 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Evidence of guilt at trial included, among other things, defendant’s oral admission to the detectives, his detailed written statement (which was consistent with evidence at the crime scene and the method of attack), the admissible portion of his inculpatory statement overheard by the correction officer, and that a Google search conducted on the computer at his home prior to the crime included “murder with note with letter left behind.” In light of the overwhelming proof of guilt, reversal is not required (see generally People v Paulman, 5 NY3d 122, 134 [2005]).

11
People v. Wardlawgreen
ny · 2006 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008However, on this record, we conclude that such error was harmless. “[A] constitutional error requires a reversal of a conviction and a new trial unless the error is harmless beyond a reasonable doubt, that is, ‘there is no reasonable possibility that the error might have contributed to defendant’s conviction’ ” (People v Smith, 97 NY2d 324, 330 [2002], quoting People v Crimmins, 36 NY2d 230, 237 [1975]; see People v Wardlaw, 6 NY3d 556, 560-561 [2006]; People v Goldstein, 6 NY3d 119, 129-130 [2005]).

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 (4)

CaseCitedYears
Hearst Corp. v. Clyne green
ny · 1980
1 sentence

2011Accordingly, the appeal is moot and may not properly be decided by this Court unless the exception to the mootness doctrine applies (see Matter of Hearst Corp. v Clyne, 50 NY2d at 714 ; Matter of Shellfish, Inc. v New York State Dept. of Envtl.

12011–2011
People v. Steadman green
ny · 1993
1 sentence

2009The failure to correct false or mistaken material testimony of a prosecution witness violates the defendant’s constitutional right to due process and requires reversal and remittitur for a new trial unless the error can be deemed harmless (see People v Steadman, 82 NY2d at 8-9 ; People v Jones, 31 AD3d at 667 ).

12009–2009
People v. Jones green
nyappdiv · 2006
1 sentence

2009The failure to correct false or mistaken material testimony of a prosecution witness violates the defendant’s constitutional right to due process and requires reversal and remittitur for a new trial unless the error can be deemed harmless (see People v Steadman, 82 NY2d at 8-9 ; People v Jones, 31 AD3d at 667 ).

12009–2009
Schuster v. City of New York green
ny · 1958
1 sentence

1976In Schuster v City of New York ( 5 NY2d 75 ) a police informer, who repeatedly notified police of his belief he was in danger, was, in fact, eventually murdered.

11976–1976

Where else courts name it

NM 53 (2010–2026) WV 48 (1949–2026) MN 38 (1986–2026) NC 24 (1903–2026) OK 16 (1925–2007) MI 15 (1994–2026) WA 13 (1973–2022) PA 12 (1969–2014) TX 12 (1911–2020) TN 10 (2002–2021) MO 9 (1898–2009) NY 9 (1976–2016) MA 8 (1973–2021) IL 6 (1989–2025) CA 5 (1955–2022) MD 5 (1975–2007) NJ 4 (2019–2022) WI 4 (1908–2012) CO 3 (2004–2019) LA 3 (1965–1988) MT 3 (1931–2004) KS 3 (1896–1976) GA 3 (1990–2016) CT 3 (1935–1974) NV 2 (1973–2022) IN 2 (1947–1999) OH 2 (1999–2022) FL 2 (1965–1968) OR 2 (1998–2012)

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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