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7 New York opinions name it 1 courts 1990–2021 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. Heidegreen2 sentences2021We conclude, however, that defendant's contention is not preserved for our review because, during the jury charge, "the court provided a curative instruction that, in the absence of an objection or a motion for a mistrial, 'must be deemed to have corrected the error to the defendant's satisfaction' " ( People v Szatanek , 169 AD3d 1448 , 1449 [4th Dept 2019], lv denied 33 NY3d 981 [2019], quoting People v Heide , 84 NY2d 943, 944 [1994]; see People v Johnston , 192 AD3d 1516, 1521 [4th Dept 2021], lv denied 37 NY3d 972 [2021]). 2019Defendant further contends in his main brief that he was denied a fair trial because the Medical Examiner was permitted to testify that, in his opinion, the victim's death was a "homicide." That contention is not preserved for our review because the court provided a curative instruction that, in the absence of an objection or a motion for a mistrial, "must be deemed to have corrected the error to the defendant's satisfaction" ( People v Heide , 84 NY2d 943, 944 [1994]; see People v Marvin , 162 AD3d 1744 , 1745 [4th Dept 2018], lv denied 32 NY3d 1066 [2018]). | 2 | 3 |
People v. Johnstongreen1 sentence2021We conclude, however, that defendant's contention is not preserved for our review because, during the jury charge, "the court provided a curative instruction that, in the absence of an objection or a motion for a mistrial, 'must be deemed to have corrected the error to the defendant's satisfaction' " ( People v Szatanek , 169 AD3d 1448 , 1449 [4th Dept 2019], lv denied 33 NY3d 981 [2019], quoting People v Heide , 84 NY2d 943, 944 [1994]; see People v Johnston , 192 AD3d 1516, 1521 [4th Dept 2021], lv denied 37 NY3d 972 [2021]). | 1 | 1 |
People v. Everygreen1 sentence2019In any event, although it was improper for the Medical Examiner to opine that the victim's death was a homicide ( see People v Campanella , 100 AD3d 1420 , 1421 [4th Dept 2012], lv denied 20 NY3d 1060 [2013]; cf. People v Every , 146 AD3d 1157, 1166 [3d Dept 2017], affd 29 NY3d 1103 [2017]), we conclude that any error in permitting the testimony is harmless ( see generally People v Crimmins , 36 NY2d 230, 241-242 [1975]). | 1 | 1 |
People v. Crimminsgreen1 sentence2019In any event, although it was improper for the Medical Examiner to opine that the victim's death was a homicide ( see People v Campanella , 100 AD3d 1420 , 1421 [4th Dept 2012], lv denied 20 NY3d 1060 [2013]; cf. People v Every , 146 AD3d 1157, 1166 [3d Dept 2017], affd 29 NY3d 1103 [2017]), we conclude that any error in permitting the testimony is harmless ( see generally People v Crimmins , 36 NY2d 230, 241-242 [1975]). | 1 | 1 |
People v. Martingreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 1 | 1 |
People v. Bassettgreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 1 | 1 |
People v. Tockashgreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 1 | 1 |
People v. Martingreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 1 | 1 |
People v. Browngreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 1 | 1 |
People v. Fernandezgreen1 sentence2016Moreover, the court provided a curative instruction, which the jury is presumed to have followed (see People v Tockash, 101 AD3d 1052, 1053 [2012]; People v Bassett, 55 AD3d 1434, 1435 [2008]; People v Martin, 54 AD3d 776, 776-777 [2008]; People v Brown, 21 AD3d 1035, 1036 [2005]; People v Fernandez, 269 AD2d 167, 167-168 [2000]; People v Martin, 179 AD2d 1044, 1045 [1992]). | 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. Shortell
green
1 sentence2021We conclude, however, that defendant's contention is not preserved for our review because, during the jury charge, "the court provided a curative instruction that, in the absence of an objection or a motion for a mistrial, 'must be deemed to have corrected the error to the defendant's satisfaction' " ( People v Szatanek , 169 AD3d 1448 , 1449 [4th Dept 2019], lv denied 33 NY3d 981 [2019], quoting People v Heide , 84 NY2d 943, 944 [1994]; see People v Johnston , 192 AD3d 1516, 1521 [4th Dept 2021], lv denied 37 NY3d 972 [2021]). | 1 | 2021–2021 |
People v. Campanella
green
1 sentence2019In any event, although it was improper for the Medical Examiner to opine that the victim's death was a homicide ( see People v Campanella , 100 AD3d 1420 , 1421 [4th Dept 2012], lv denied 20 NY3d 1060 [2013]; cf. People v Every , 146 AD3d 1157, 1166 [3d Dept 2017], affd 29 NY3d 1103 [2017]), we conclude that any error in permitting the testimony is harmless ( see generally People v Crimmins , 36 NY2d 230, 241-242 [1975]). | 1 | 2019–2019 |
Walker v. Lippman
green
1 sentence2019In any event, although it was improper for the Medical Examiner to opine that the victim's death was a homicide ( see People v Campanella , 100 AD3d 1420 , 1421 [4th Dept 2012], lv denied 20 NY3d 1060 [2013]; cf. People v Every , 146 AD3d 1157, 1166 [3d Dept 2017], affd 29 NY3d 1103 [2017]), we conclude that any error in permitting the testimony is harmless ( see generally People v Crimmins , 36 NY2d 230, 241-242 [1975]). | 1 | 2019–2019 |
People v. Quinones
green
1 sentence1999Were we to review this claim, we would find that this single comment was not so harmful as to deprive defendant of a fair trial (People v Taylor, 162 AD2d 175 , lv denied 76 NY2d 866 ). | 1 | 1999–1999 |
People v. Rivera
green
1 sentence1998Were we to review defendant’s claim, we would find it without merit since the testimony completed the narrative and provided relevant background information explaining police actions (see, People v Li, 238 AD2d 277 ; People v Rivera, 223 AD2d 476 , lv denied 88 NY2d 852 ). | 1 | 1998–1998 |
In re Ripps
neutral
1 sentence1998Were we to review defendant’s claim, we would find it without merit since the testimony completed the narrative and provided relevant background information explaining police actions (see, People v Li, 238 AD2d 277 ; People v Rivera, 223 AD2d 476 , lv denied 88 NY2d 852 ). | 1 | 1998–1998 |
People v. Escalera
neutral
1 sentence1996Although certain comments of the prosecutor during summation with respect to the discovery materials were misleading, as the trial court found, the error did not deprive defendant of a fair trial since the comments were isolated, the court provided a curative instruction and the evidence of guilt was overwhelming (see, People v Escalera, 220 AD2d 259 , lv denied 87 NY2d 846 ). | 1 | 1996–1996 |
People v. Davis
green
1 sentence1990Finally, the court provided a curative instruction, which the jury must be presumed to have followed (see, People v Davis, 58 NY2d 1102 ). | 1 | 1990–1990 |
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.