8 New York opinions name it 1 courts 1997–2021 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.
| Case | Followed | Cited |
|---|---|---|
People v. Olivergreen2 sentences2016Defendant failed to object to the testimony of a police officer at the persistent violent felony offender hearing, elicited during cross-examination, regarding a statement that defendant made following his arrest, and which was not included in the CPL 710.30 notice, and he thus failed to preserve for our review his contention that the statement was not admissible (see People v Oliver, 63 NY2d 973, 975 [1984]). 2016Defendant failed to object to the testimony of a police officer at the persistent violent felony offender hearing, elicited during cross-examination, regarding a statement that defendant made following his arrest, and which was not included in the CPL 710.30 notice, and he thus failed to preserve for our review his contention that the statement was not admissible (see People v Oliver, 63 NY2d 973, 975 [1984]). | 2 | 3 |
People v. Baldigreen2 sentences2016Contrary to defendant’s contention, we conclude that he received meaningful representation at the persistent violent felony offender hearing (see generally People v Baldi, 54 NY2d 137, 147 [1981]; People v Gregg, 107 AD3d 1451 , 1452 [2013]). 2016Contrary to defendant’s contention, we conclude that he received meaningful representation at the persistent violent felony offender hearing (see generally People v Baldi, 54 NY2d 137, 147 [1981]; People v Gregg, 107 AD3d 1451 , 1452 [2013]). | 2 | 3 |
People v. Carracedogreen1 sentence2007“Where Rosario material is lost or destroyed, the court is required to impose an appropriate sanction that is designed to eliminate resulting prejudice to the defendant” (People v Carracedo, 89 NY2d 1059, 1062 [1997]). | 1 | 1 |
People v. Nereegreen1 sentence2004The present contention of defendant that he was not aware of the constitutional rights that he was waiving in negotiating his former plea convictions was waived by the failure to raise it during the persistent violent felony offender hearing (see CPL 400.16 [2]; 400.15 [7] [b]; see generally People v Neree, 280 AD2d 497 , 498 [2001], lv denied 98 NY2d 712 [2002]). | 1 | 1 |
People v. Younggreen1 sentence2001Defendant thus waived his right to challenge his prior convictions on that basis at the persistent violent felony offender hearing (see, CPL 400.15 [7] [b]; [8]; 400.16 [2]; People v Cooper, 241 AD2d 553, 554 , lv denied 90 NY2d 1010 ; see also, People v Young, 255 AD2d 907, 908 , affd 94 NY2d 171 , rearg denied 94 NY2d 876 ). | 1 | 1 |
People v. Younggreen1 sentence2001Defendant thus waived his right to challenge his prior convictions on that basis at the persistent violent felony offender hearing (see, CPL 400.15 [7] [b]; [8]; 400.16 [2]; People v Cooper, 241 AD2d 553, 554 , lv denied 90 NY2d 1010 ; see also, People v Young, 255 AD2d 907, 908 , affd 94 NY2d 171 , rearg denied 94 NY2d 876 ). | 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. Gregg
green
2 sentences2016Contrary to defendant’s contention, we conclude that he received meaningful representation at the persistent violent felony offender hearing (see generally People v Baldi, 54 NY2d 137, 147 [1981]; People v Gregg, 107 AD3d 1451 , 1452 [2013]). 2016Contrary to defendant’s contention, we conclude that he received meaningful representation at the persistent violent felony offender hearing (see generally People v Baldi, 54 NY2d 137, 147 [1981]; People v Gregg, 107 AD3d 1451 , 1452 [2013]). | 3 | 2016–2016 |
Lankenau v. Boles
green
1 sentence2021Defendant failed to preserve for our review his contention that the court [*2]erred in failing to reopen the persistent violent felony offender hearing after it admitted in evidence a certificate of incarceration from the Department of Corrections and Community Supervision (DOCCS) ( see generally People v Angona , 119 AD3d 1406 , 1407 [4th Dept 2014], lv denied 25 NY3d 987 [2015]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]). | 1 | 2021–2021 |
People v. Lopez
green
1 sentence2004We reject defendant’s further contention that both the prosecutor and the court committed error in using the terms “manifest” and “manifested” in describing the element of display of a firearm (see Lopez, 73 NY2d at 222 ; People v Moody, 278 AD2d 862 [2000]; see generally CJI2d[NY] Penal Law § 140.30 [4]). | 1 | 2004–2004 |
People v. Swank
green
1 sentence2004We reject defendant’s further contention that both the prosecutor and the court committed error in using the terms “manifest” and “manifested” in describing the element of display of a firearm (see Lopez, 73 NY2d at 222 ; People v Moody, 278 AD2d 862 [2000]; see generally CJI2d[NY] Penal Law § 140.30 [4]). | 1 | 2004–2004 |
People v. Cooper
green
1 sentence2001Defendant thus waived his right to challenge his prior convictions on that basis at the persistent violent felony offender hearing (see, CPL 400.15 [7] [b]; [8]; 400.16 [2]; People v Cooper, 241 AD2d 553, 554 , lv denied 90 NY2d 1010 ; see also, People v Young, 255 AD2d 907, 908 , affd 94 NY2d 171 , rearg denied 94 NY2d 876 ). | 1 | 2001–2001 |
People v. West
neutral
1 sentence1997Defendant failed to specify, either before the sentencing court or on appeal, what factual allegations in the persistent violent felony offender statement formed the basis of his contention that his prior violent felony conviction was illegally obtained (see, CPL 400.15, 400.16; People v West, 181 AD2d 945 ). | 1 | 1997–1997 |
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.