60 New York opinions name it 4 courts 1966–2024 4 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. Henrygreen2 sentences2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). 2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). | 4 | 4 |
People v. Beneventogreen2 sentences2010Moreover, the record indicates that defense counsel’s decision not to present evidence about a codefendant’s arrest and plea allocution and about photo arrays “reflects a reasonable and legitimate strategy under the circumstances and evidence presented” (People v Benevento, 91 NY2d 708, 713 [1998]). 2005The record indicates that defense counsel provided “meaningful representation” over the course of the trial, inter alia, by strenuously attacking the credibility of the People’s key witnesses (People v Benevento, 91 NY2d 708, 710 [1998]; People v Jean, 21 AD3d 499 [2005]; People v Daly, 20 AD3d 542 [2005]). | 3 | 3 |
People v. Collinsgreen2 sentences2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). 2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). | 3 | 3 |
People v. Smithgreen2 sentences2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). 2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). | 3 | 3 |
People v. Wimberlygreen2 sentences2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). 2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). | 2 | 3 |
People v. Crosdalegreen2 sentences2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). 2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). | 2 | 3 |
The People v. Willie L. Wragggreen2 sentences2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). 2016Morever, even though defendant’s other alibi witness was impeached by a prior statement that she made to a defense investigator, “counsel cannot be held ineffective because the People impeached the alibi witness [ ]” (People v Wragg, 26 NY3d 403, 412 [2015]; see People v Collins, 203 AD2d 888, 889 [1994], lv denied 84 NY2d 934 [1994], reconsideration denied 85 NY2d 861 [1995]; see generally People v Smith, 82 NY2d 731, 733 [1993]). | 2 | 3 |
People v. Hillgreen2 sentences2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). 2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). | 2 | 3 |
People v. Howardgreen2 sentences2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). 2016We conclude that defendant’s submissions raise factual issues that require a hearing (see CPL 440.30 [5]; People v Hill, 114 AD3d 1169, 1170 [2014]; People v Wimberly, 86 AD3d 651, 652-653 [2011]; People v Howard, 12 AD3d 1127, 1127-1128 [2004]). | 2 | 3 |
People v. Covingtongreen2 sentences2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). 2016Although defendant testified at trial and undermined his alibi defense during direct examination by defense counsel, nothing in the record indicates that defense counsel could have anticipated that defendant would offer the harmful testimony (see People v Covington, 44 AD3d 510, 511 [2007], lv denied 9 NY3d 1032 [2008]; see generally People v Henry, 95 NY2d 563, 566 [2000]; People v Crosdale, 103 AD3d 749, 750 [2013], lv denied 21 NY3d 1003 [2013]). | 2 | 3 |
People v. Baldigreen2 sentences2014As noted by the County Court, the record indicates that the defense counsel afforded the defendant effective representation in negotiating a very favorable plea bargain (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Baldi, 54 NY2d 137, 147 [1981]). 1994A review of the record indicates that defense counsel pursued a viable defense strategy which, although not successful, constituted meaningful representation (see, People v Baldi, 54 NY2d 137 ). | 2 | 3 |
State v. Francisgreen2 sentences1989Corp., 67 AD2d 640, 641 [1st Dept 1979].) Nothing in the record indicates that the warnings provided by appellant deceptively minimized the danger posed to plaintiff or were in any other manner misleading. 1986Corp., 67 AD2d 640, 641 [1st Dept 1979].) Nothing in the record indicates that the warnings provided by appellant deceptively minimized the danger posed to plaintiff or were in any other manner misleading. | 2 | 2 |
Crawford v. Washingtongreen1 sentence2021A review of the record indicates that defense counsel did not object to the testimony of the DMV employee, or to the admission of any document into evidence, on Confrontation Clause grounds, and, therefore, this contention is unpreserved for appellate review ( see CPL 470.05 [2]; People v Liner , 9 NY3d 856, 856-857 [2007]; People v Fleming , 70 NY2d 947 [1988]; People v Gibson , 163 AD3d 586 , 587 [2018]; People v Marino , 21 AD3d 430 [2005]; People v Bones , 17 AD3d 689 [2005]; see also Crawford v Washington , 541 US 36 [2004]), and we decline to consider it in the interest of justice. | 1 | 1 |
Zechmann v. Canisteo Volunteer Fire Departmentgreen1 sentence2021Our decision herein, however, does not concern the death benefits claim, which is not before us and "is a separate and distinct claim from a claim for disability benefits for the underlying injury" ( Matter of Mace v Owl Wire & Cable Co. , 284 AD2d 672, 675 [2001]; see Matter of Zechmann v Canisteo Volunteer Fire Dept. , 85 NY2d 747, 751 [1995]; Matter of Brannigan v Town of Oyster Bay , 141 AD2d 942, 943 [1988]; see generally Workers' Compensation Law §§ 15 [4]; 16, 33). | 1 | 1 |
Claim of Brannigan v. Town of Oyster Baygreen1 sentence2021Our decision herein, however, does not concern the death benefits claim, which is not before us and "is a separate and distinct claim from a claim for disability benefits for the underlying injury" ( Matter of Mace v Owl Wire & Cable Co. , 284 AD2d 672, 675 [2001]; see Matter of Zechmann v Canisteo Volunteer Fire Dept. , 85 NY2d 747, 751 [1995]; Matter of Brannigan v Town of Oyster Bay , 141 AD2d 942, 943 [1988]; see generally Workers' Compensation Law §§ 15 [4]; 16, 33). | 1 | 1 |
Claim of Mace v. Owl Wire & Cable Co.green1 sentence2021Our decision herein, however, does not concern the death benefits claim, which is not before us and "is a separate and distinct claim from a claim for disability benefits for the underlying injury" ( Matter of Mace v Owl Wire & Cable Co. , 284 AD2d 672, 675 [2001]; see Matter of Zechmann v Canisteo Volunteer Fire Dept. , 85 NY2d 747, 751 [1995]; Matter of Brannigan v Town of Oyster Bay , 141 AD2d 942, 943 [1988]; see generally Workers' Compensation Law §§ 15 [4]; 16, 33). | 1 | 1 |
People v. Linergreen1 sentence2021A review of the record indicates that defense counsel did not object to the testimony of the DMV employee, or to the admission of any document into evidence, on Confrontation Clause grounds, and, therefore, this contention is unpreserved for appellate review ( see CPL 470.05 [2]; People v Liner , 9 NY3d 856, 856-857 [2007]; People v Fleming , 70 NY2d 947 [1988]; People v Gibson , 163 AD3d 586 , 587 [2018]; People v Marino , 21 AD3d 430 [2005]; People v Bones , 17 AD3d 689 [2005]; see also Crawford v Washington , 541 US 36 [2004]), and we decline to consider it in the interest of justice. | 1 | 1 |
| People v. Sidesgreen | 1 | 1 |
Reich v. Bankers Life & Casualty Co.green1 sentence2019As defendant waived prosecution by information, the accusatory instrument's legal sufficiency must be evaluated under the standard governing a misdemeanor complaint ( see [*3] People v Dumay , 23 NY3d 518 , 524 [2014]), which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]). | 1 | 1 |
| People v. Clarkegreen | 1 | 1 |
| People v. Lujangreen | 1 | 1 |
| People v. Paliczgreen | 1 | 1 |
| People v. Williamsongreen | 1 | 1 |
| People v. Rodriguezgreen | 1 | 1 |
| People v. Borukhovagreen | 1 | 1 |
| People v. Rodriguezgreen | 1 | 1 |
| People v. Washingtongreen | 1 | 1 |
| People v. La Portegreen | 1 | 1 |
| People v. Greengreen | 1 | 1 |
| People v. Salkogreen | 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. Joseph
green
2 sentences2019Here, the record indicates that defense counsel advised the defendant of the immigration consequences of his plea, and that the defendant was aware of that risk before he entered his plea ( see People v Feliz-Lopez , 147 AD3d 871 ; People v Joseph , 142 AD3d 627, 628 ). 2017However, the record indicates that defense counsel properly advised the defendant of the risk of deportation arising from a plea of guilty, and that the defendant was aware of that risk before he entered his plea (see People v Joseph, 142 AD3d 627 [2016]; People v Castro, 133 AD3d 986 [2015]; People v Rampersaud, 121 AD3d 721, 722-723 [2014]). | 2 | 2017–2019 |
People v. Hobot
green
2 sentences2002The record indicates that defense counsel implemented a reasonable defense strategy throughout all phases of the proceedings (see People v Hobot, 84 NY2d 1021, 1022 ). 2001A review of the record indicates that the defense counsel implemented a reasonable strategy at all stages of the trial (see, People v Hobot, 84 NY2d 1021, 1022 ). | 2 | 2001–2002 |
People v. Harvey
green
2 sentences1992Since the record indicates that the waiver was knowing, voluntary and intelligent, this appeal must be dismissed (see, People v Harvey, 124 AD2d 943, 944 )” (see also, People v Bauer, 153 AD2d 988 ; People v Bennett, 152 AD2d 886 ; People v Smith, 141 AD2d 988 ). 1987Since the record indicates that the waiver was knowing, voluntary and intelligent, this appeal must be dismissed (see, People v Harvey, 124 AD2d 943, 944 ). | 2 | 1987–1992 |
People v. Wandell
green
2 sentences2024The defendant's reliance on People v Wandell is similarly misplaced ( 75 NY2d 951 [1990] [Mem]). 2024The defendant's reliance on People v Wandell is similarly misplaced (75 NY2d 951 [1990] [Mem]). | 1 | 2024–2024 |
Strickland v. Washington
green
1 sentence2022Further, we reject defendant's claim that her attorney rendered ineffective assistance by failing to timely serve such notice ( see People v Benevento , 91 NY2d 708, 713-714 [1998]; Strickland v Washington , 466 US 668 [1984]). | 1 | 2022–2022 |
Jereski v. Schacher
green
1 sentence2022While on appeal defendant claims that the People were on notice that a psychiatric defense might be possible, the record indicates that defense counsel affirmatively represented that he would not be introducing psychiatric testimony ( see People v Hill , 10 AD3d 310 , 311 [1st Dept 2004], affd 4 NY3d 876 [2005]). | 1 | 2022–2022 |
People v. Hill
green
1 sentence2022While on appeal defendant claims that the People were on notice that a psychiatric defense might be possible, the record indicates that defense counsel affirmatively represented that he would not be introducing psychiatric testimony ( see People v Hill , 10 AD3d 310 , 311 [1st Dept 2004], affd 4 NY3d 876 [2005]). | 1 | 2022–2022 |
People v. Fleming
green
1 sentence2021A review of the record indicates that defense counsel did not object to the testimony of the DMV employee, or to the admission of any document into evidence, on Confrontation Clause grounds, and, therefore, this contention is unpreserved for appellate review ( see CPL 470.05 [2]; People v Liner , 9 NY3d 856, 856-857 [2007]; People v Fleming , 70 NY2d 947 [1988]; People v Gibson , 163 AD3d 586 , 587 [2018]; People v Marino , 21 AD3d 430 [2005]; People v Bones , 17 AD3d 689 [2005]; see also Crawford v Washington , 541 US 36 [2004]), and we decline to consider it in the interest of justice. | 1 | 2021–2021 |
People v. Bones
green
1 sentence2021A review of the record indicates that defense counsel did not object to the testimony of the DMV employee, or to the admission of any document into evidence, on Confrontation Clause grounds, and, therefore, this contention is unpreserved for appellate review ( see CPL 470.05 [2]; People v Liner , 9 NY3d 856, 856-857 [2007]; People v Fleming , 70 NY2d 947 [1988]; People v Gibson , 163 AD3d 586 , 587 [2018]; People v Marino , 21 AD3d 430 [2005]; People v Bones , 17 AD3d 689 [2005]; see also Crawford v Washington , 541 US 36 [2004]), and we decline to consider it in the interest of justice. | 1 | 2021–2021 |
People v. Maldonado
green
1 sentence2021A review of the record indicates that defense counsel did not object to the testimony of the DMV employee, or to the admission of any document into evidence, on Confrontation Clause grounds, and, therefore, this contention is unpreserved for appellate review ( see CPL 470.05 [2]; People v Liner , 9 NY3d 856, 856-857 [2007]; People v Fleming , 70 NY2d 947 [1988]; People v Gibson , 163 AD3d 586 , 587 [2018]; People v Marino , 21 AD3d 430 [2005]; People v Bones , 17 AD3d 689 [2005]; see also Crawford v Washington , 541 US 36 [2004]), and we decline to consider it in the interest of justice. | 1 | 2021–2021 |
People v. Reid
neutral
1 sentence2019The defendant's remaining contention, that certain of the counts to which he pleaded guilty must be dismissed because they were lesser inclusory concurrent counts of others to which he pleaded guilty, is foreclosed from appellate review by his valid waiver of his right to appeal ( see People v Reid , 74 AD3d 1367, 1367-1368 ). | 1 | 2019–2019 |
| People v. Dumay green | 1 | 2019–2019 |
People v. Feliz-Lopez
neutral
1 sentence2019Here, the record indicates that defense counsel advised the defendant of the immigration consequences of his plea, and that the defendant was aware of that risk before he entered his plea ( see People v Feliz-Lopez , 147 AD3d 871 ; People v Joseph , 142 AD3d 627, 628 ). | 1 | 2019–2019 |
| People v. Castro green | 1 | 2017–2017 |
| People v. Coleman green | 1 | 2015–2015 |
| Wiggins v. Board of Education green | 1 | 2015–2015 |
| Miranda v. Arizona green | 1 | 2015–2015 |
| People v. Wilson green | 1 | 2015–2015 |
| People v. Redding green | 1 | 2015–2015 |
| Masterson v. Clark green | 1 | 2008–2008 |
| People v. Brantly green | 1 | 2006–2006 |
| Peoplev. Cintron green | 1 | 2005–2005 |
| People v. Daly neutral | 1 | 2005–2005 |
| People v. Matthews green | 1 | 2005–2005 |
| Primo v. Goord green | 1 | 2001–2001 |
| People v. Perez green | 1 | 1998–1998 |
| People v. Doby green | 1 | 1998–1998 |
| People v. Ryan green | 1 | 1998–1998 |
| People v. DeFina green | 1 | 1998–1998 |
| People v. Ryan green | 1 | 1998–1998 |
| People v. Alicea green | 1 | 1998–1998 |
| People v. Almodovar green | 1 | 1998–1998 |
| People v. Recupero green | 1 | 1998–1998 |
| People v. Campbell neutral | 1 | 1997–1997 |
| People v. Ortiz green | 1 | 1997–1997 |
| People v. Bissereth green | 1 | 1997–1997 |
| People v. Reid green | 1 | 1997–1997 |
| People v. Humbert green | 1 | 1997–1997 |
| People v. Corie green | 1 | 1997–1997 |
| People v. Miller green | 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.
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.