chance challenge (New York) · Go Syfert
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chance challenge in New York

7 New York opinions name it 5 courts 1936–2018 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 (2)

CaseFollowedCited
The People v. Howard S. Wrightgreen
ny · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
2 sentences

2016Yet, DNA evidence is an extremely potent tool for the People (People v Wright, 25 NY3d 769, 783 [2015]).

2016Yet, DNA evidence is an extremely potent tool for the People (People v Wright, 25 NY3d 769, 783 [2015]).

11
United States v. Wadegreen
scotus · 1967 · cited in 1 New York opinions naming this issue, 2006–2006
2 sentences

2006The purpose of a Wade hearing is to decide whether a pretrial identification of the defendant violated the defendant’s constitutional rights and, if so, what the remedy should be (see United States v Wade, 388 US 218, 242 [1967]).

2006The purpose of a Wade hearing is to decide whether a pretrial identification of the defendant violated the defendant's constitutional rights and, if so, what the remedy should be ( see United States v Wade, 388 US 218, 242 [1967]).

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 (6)

CaseCitedYears
Chateau D' If Corp. v. City of New York green
nyappdiv · 1996
1 sentence

2018We also reject defendant's argument, raised for the first time on appeal ( see Chateau d'If Corp. v City of New York , 219 AD2d 205 [1st Dept 1996], lv denied 88 NY2d 811 [1996]), that the fee award constitutes sanctions it never had a chance to challenge.

12018–2018
Arlene W. v. Robert D. green
nyappdiv · 1971
1 sentence

1979(See Matter of Arlene W. v Robert D., 36 AD2d 455 .) In 1975, both the Second and Third Departments of the Appellate Division spoke to this issue.

11979–1979
Manson v. Brathwaite green
scotus · 1977
1 sentence

1978In sum, the identification was neither tainted nor unreliable because of the circumstances of the lineup; respondent has not established the ultimate fact that "there is 'a very substantial likelihood of * * * misidentification’ ” (Manson v Brathwaite, 432 US 98, 116 , supra).

11978–1978
People v. Logan green
ny · 1969
1 sentence

1978Here the viewer’s observation of the cigarette (and possibly of the higher number-sign) were like that in Logan, where the court said that "the observation was a mere happenstance unoccasioned by law enforcement officials, and did not lead in all the circumstances to the danger of mistaken identification”. ( 25 NY2d, at p 193 .) On all the evidence, the court finds that even if Peter’s attention was attracted to Felipe by the chance factors here in issue, the identification was not attributable to these fortuities.

11978–1978
People v. Berg neutral
nyspecsessct · 1951
1 sentence

1965In People v. Berg ( 200 Misc. 203, 204 ), Mr. Justice Oliver of the Court of Special .Sessions, sitting in the Appellate Term of that court, after examining the reading of defendant’s rights on arraignment said: 11 It is plain that this manner of notifying a defendant rapidly of his rights without stopping to give him a chance to claim a single one of them reduces the notification to a nullity.” Referring to section 699 of the Code of Criminal Procedure he stated (p. 205): “ The Magistrate in person should notify the defendant of his rights and receive a reply from the defendant on each one of

11965–1965
Maughs v. Porter green
va · 1931
2 sentences

1936The People have cited other cases but in practically all of them there was a valuable consideration paid for ¡the chance with the exception of the case of Maughs v. Porter ( 157 Va. 415 ; 161 S. E. 242 ).

1936The People have cited other cases but in practically all of them there was a valuable consideration paid for ¡the chance with the exception of the case of Maughs v. Porter ( 157 Va. 415 ; 161 S. E. 242 ).

11936–1936

Where else courts name it

TX 115 (1929–2026) WA 16 (2001–2023) CA 14 (1982–2025) NM 9 (1948–2021) MA 8 (1975–2008) NY 7 (1936–2018) MO 7 (1902–2014) UT 6 (1982–2023) CO 6 (1988–2026) AZ 6 (1977–2026) OH 4 (1971–2024) IA 4 (2011–2018) MI 4 (1977–2023) MT 3 (2000–2021) LA 3 (2008–2014) IL 3 (1986–2020) HI 3 (1995–2018) MN 3 (1999–2002) IN 3 (1991–2017) OR 3 (2016–2022) NC 3 (1916–2004) PA 3 (1978–2025) AL 3 (1993–2016) MS 3 (1990–2014) TN 3 (1977–2026) KS 3 (1996–2020) FL 2 (1991–1997) WV 2 (1899–1971) NJ 2 (1967–1970) VT 2 (2011–2021) MD 2 (1985–2014) DE 2 (2014–2024)

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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