for-cause or peremptory challenge (New York) · Go Syfert
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for-cause or peremptory challenge in New York

7 New York opinions name it 1 courts 2014–2018 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 (6)

CaseFollowedCited
People v. Barbonigreen
ny · 2013 · cited in 5 New York opinions naming this issue, 2014–2014
2 sentences

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

45
People v. Reedgreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

33
People v. Thomasgreen
ny · 1980 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

33
People v. Simmonsgreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

2014We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 [2014]; see generally People v Barboni, 21 NY3d 393, 407 [2013]), and on defense counsel’s failure to call defendant’s sister as a witness after he was advised that she would exercise her Fifth Amendment right to remain silent (see generally People v Thomas, 51 NY2d 466, 472-473 [1980]).

23
People v. Colburngreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Thus, defendant's current arguments concerning that juror are not preserved for our review ( see People v Colburn , 123 AD3d 1292, 1295 [2014], lv denied 25 NY3d 950 [2015]).

11
Fiore v. Zoning Board of Appealsgreen
ny · 1968 · cited in 1 New York opinions naming this issue, 2014–2014
1 sentence

2014Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we reject defendant’s further contention that the verdict is against the weight of the evidence (see generally Bleakley, 69 NY2d at 495 ). -2- 1050 KA 11-00299 We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 ; see generally People v Barboni, 21 NY2d 39

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
People v. Irvin green
nyappdiv · 2013
2 sentences

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

32014–2014
People v. Stepney green
nyappdiv · 2012
2 sentences

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

2014Defendant, however, has not met “his burden of showing the absence of a legitimate explanation for th[at] perceived error” (People v Barboni, 21 NY3d 393, 407 [2013]; see People v Reed, 115 AD3d 1334, 1336-1337 [2014]; Irvin, 111 AD3d at 1296 ; Stepney, 93 AD3d at 1298 ).

32014–2014
People v. Danielson green
ny · 2007
1 sentence

2014Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we reject defendant’s further contention that the verdict is against the weight of the evidence (see generally Bleakley, 69 NY2d at 495 ). -2- 1050 KA 11-00299 We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 ; see generally People v Barboni, 21 NY2d 39

12014–2014
People v. Bleakley green
ny · 1987
1 sentence

2014Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we reject defendant’s further contention that the verdict is against the weight of the evidence (see generally Bleakley, 69 NY2d at 495 ). -2- 1050 KA 11-00299 We reject defendant’s contention in his main brief that he was denied effective assistance of counsel based both on defense counsel’s failure to exercise a for-cause or peremptory challenge with respect to a prospective juror (see People v Simmons, 119 AD3d 1343, 1344 ; see generally People v Barboni, 21 NY2d 39

12014–2014

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.25 (3) NY § N.Y. Penal Law § 15.25 (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.

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