mistrial based error (New York) · Go Syfert
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mistrial based error in New York

8 New York opinions name it 1 courts 1997–2012 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. Allengreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012Any prejudice resulting from the Ventimiglia violation was alleviated by the court’s curative instruction (see People v Allen, 78 AD3d 1521, 1521 [2010], lv denied 16 NY3d 827 [2011]).

2012Any prejudice resulting from the Ventimiglia violation was alleviated by the court’s curative instruction (see People v Allen, 78 AD3d 1521, 1521 [2010], lv denied 16 NY3d 827 [2011]).

23
People v. Stultzgreen
ny · 2004 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

23
People v. Ortizgreen
ny · 1981 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion for a mistrial based on a violation of the court’s Ventimiglia ruling (see generally People v Ortiz, 54 NY2d 288, 292 [1981]).

2012Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion for a mistrial based on a violation of the court’s Ventimiglia ruling (see generally People v Ortiz, 54 NY2d 288, 292 [1981]).

23
People v. Fuentesgreen
ny · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011To establish such a violation “a defendant must show that (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature; (2) the evidence was suppressed by the prosecution; and (3) prejudice arose because the suppressed evidence was material” (People v Fuentes, 12 NY3d 259, 263 [2009]).

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
Town of Parma v. Lynchesky green
ny · 2004
2 sentences

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

32012–2012
People v. Jablonski green
nyappdiv · 2012
2 sentences

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

2012“It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319 , 1320 [2012], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]).

32012–2012
New York Ass'n of Homes & Services for Aging, Inc. v. Commissioner of New York State Department of Health green
ny · 1996
1 sentence

1997There was no showing that any juror had read the newspaper article in question, the court’s inquiry into the matter was adequate, and its curative instructions eliminated any likelihood of prejudice (People v Velez, 222 AD2d 539 , lv denied 87 NY2d 978 ).

11997–1997
People v. Velez green
nyappdiv · 1995
1 sentence

1997There was no showing that any juror had read the newspaper article in question, the court’s inquiry into the matter was adequate, and its curative instructions eliminated any likelihood of prejudice (People v Velez, 222 AD2d 539 , lv denied 87 NY2d 978 ).

11997–1997

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.27 (3) NY § N.Y. Penal Law § 160.15 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 8 (1997–2012) NV 4 (2009–2024) SC 3 (2011–2023) GA 2 (1962–1998) MI 2 (2017–2017) WA 2 (2015–2015) TX 2 (2014–2014)

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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