lack warning in New York

2023We reject defendant's challenges to the sufficiency and the weight of the evidence supporting certain convictions ( see People v Danielson , 9 NY3d 342, 348-349 [2007]) With regard to charges requiring use of a dangerous instrument, the evidence supports an inference that the t-shirt used as a gag was readily capable of causing death by asphyxiation, and also supports an inference that the noxious chemical was readily capable of causing serious physical injury in the particular circumstances in which it was used in the two incidents in question, as explained in the trial court's decision on a

2023We reject defendant's challenges to the sufficiency and the weight of the evidence supporting certain convictions ( see People v Danielson , 9 NY3d 342, 348-349 [2007]) With regard to charges requiring use of a dangerous instrument, the evidence supports an inference that the t-shirt used as a gag was readily capable of causing death by asphyxiation, and also supports an inference that the noxious chemical was readily capable of causing serious physical injury in the particular circumstances in which it was used in the two incidents in question, as explained in the trial court's decision on a

2009Defendant was not entitled to raise, by way of a CPL 440.10 motion, a claim that the lack of a warning that his sentence would include PRS rendered the plea involuntary under Catu, because “the omission at issue is clear from the face of the record” (People v Louree, 8 NY3d 541, 546 [2007]; see also People v Cooks, 67 NY2d 100 [1986]; CPL 440.10 [2] [c]).

2008Defendant was not entitled to raise, by way of a CPL 440.10 motion, a claim that the lack of a warning that his sentence would include PRS rendered the plea involuntary under Catu , because “the omission at issue is clear from the face of the record” (People v Louree, 8 NY3d 541, 546 [2007]; see also People v Cooks, 67 NY2d 100 [1986]; CPL 440.10 [2] [c]).

2009Defendant was not entitled to raise, by way of a CPL 440.10 motion, a claim that the lack of a warning that his sentence would include PRS rendered the plea involuntary under Catu, because “the omission at issue is clear from the face of the record” (People v Louree, 8 NY3d 541, 546 [2007]; see also People v Cooks, 67 NY2d 100 [1986]; CPL 440.10 [2] [c]).

2008Defendant was not entitled to raise, by way of a CPL 440.10 motion, a claim that the lack of a warning that his sentence would include PRS rendered the plea involuntary under Catu , because “the omission at issue is clear from the face of the record” (People v Louree, 8 NY3d 541, 546 [2007]; see also People v Cooks, 67 NY2d 100 [1986]; CPL 440.10 [2] [c]).

2020Contrary to the defendant's preserved contention, the statements he made to law enforcement officials at the precinct house were not otherwise subject to suppression, as the record demonstrated that the defendant was properly administered Miranda warnings ( see Miranda v Arizona , 384 US 436, 444 ) and, thereafter, knowingly, voluntarily, and intelligently waived his Miranda rights ( see People v Sonam , 180 AD3d 717 ; People v Humphrey , 176 AD3d 1101 ; People v Ramos , 164 AD3d 1267 ).

1968The lack of this warning in, haee verba, although the offer by the police captain came fairly close, had no direct applicability to this suspect (Miranda v. Arizona, supra, p. 473, n. 43 ).

2017While it would have been appropriate for the court to instruct the jury in accordance with the “evidence of threats” addition to the justification charge contained in the Criminal Jury Instructions (CJI2d[NY] Justification: Use of Deadly Physical Force in Defense of a Person), any error in failing to do so was harmless, as there was overwhelming evidence disproving the defendant’s justification defense and no significant probability that the lack of the instruction contributed to the defendant’s convictions (see People v Petty, 7 NY3d 277, 286 [2006]; People v Crimmins, 36 NY2d 230, 241-242 [1

2006In any event, were we to find any error either in the receipt of this evidence or in the lack of an instruction, we would find the error to be harmless in view of the overwhelming evidence of defendant’s guilt (see People v Crimmins, 36 NY2d 230 [1975]).

2023According to the petitioner, the arbitrator's lack of analysis on this issue renders the decision incomplete and subject to overturn ( Wolff & Munier, Inc v Diesel Const Co , 41 AD2d 618, 618 [1st Dept 1973]).

2023According to the petitioner, the arbitrator's lack of analysis on this issue renders the decision incomplete and subject to overturn ( Wolff & Munier, Inc v Diesel Const Co , 41 AD2d 618, 618 [1st Dept 1973]).

2023Plaintiff was injured when she fell down the stairs inside a store operated by defendant Jie Li Laundromat, in a building owned by defendant 124-126 Mott Corp. Although plaintiff was not able to identify the exact cause of her fall, the circumstantial evidence, including the testimony and photographs of the accident site, raised an issue of fact as to whether the distracting decorations sold by the store and the lack of warning of the stairs, together, was a dangerous condition from which causation could be reasonably inferred ( see Haibi v 790 Riverside Dr. Owners, Inc. , 156 AD3d 144, 147 [1

2022Considering all of the relevant circumstances, including that the charges against defendant were serious, that he was represented throughout the plea negotiations by counsel and that defendant actively participated in the negotiation of the ultimate plea agreement, we discern no basis to invalidate the plea as the record affirmatively demonstrates defendant's understanding and waiver of his constitutional trial-related rights ( see People v Crampton , 201 AD3d 1020, 1023 [2022], lv denied 37 NY3d 1160 [2022]; People v Simpson , 196 AD3d at 999 ; People v Nichols , 194 AD3d 1114, 1115 [2021], l

2022Considering all of the relevant circumstances, including that the charges against defendant were serious, that he was represented throughout the plea negotiations by counsel and that defendant actively participated in the negotiation of the ultimate plea agreement, we discern no basis to invalidate the plea as the record affirmatively demonstrates defendant's understanding and waiver of his constitutional trial-related rights ( see People v Crampton , 201 AD3d 1020, 1023 [2022], lv denied 37 NY3d 1160 [2022]; People v Simpson , 196 AD3d at 999 ; People v Nichols , 194 AD3d 1114, 1115 [2021], l

2018Initially, defendant's challenge to the sufficiency of the evidence presented to the grand jury, including the purported lack of instruction on the justification defense, is precluded by his plea of guilty ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v Caban , 89 AD3d 1321, 1322 [2011]).

2018Initially, defendant's challenge to the sufficiency of the evidence presented to the grand jury, including the purported lack of instruction on the justification defense, is precluded by his plea of guilty ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v Caban , 89 AD3d 1321, 1322 [2011]).

2018Upon reviewing the record, we find that his further claim that he was denied the effective assistance of counsel is unavailing. "[I]n the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Kahn , 139 AD3d 1261, 1264 [2016] [internal quotation marks and citations omitted], lvs denied 28 NY3d 932 , 934 [2016]; see People v Driscoll , 147 AD3d 1157, 1158 [2017], lv denied 29 NY3d 1078 [2017]).

2018Upon reviewing the record, we find that his further claim that he was denied the effective assistance of counsel is unavailing. "[I]n the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Kahn , 139 AD3d 1261, 1264 [2016] [internal quotation marks and citations omitted], lvs denied 28 NY3d 932 , 934 [2016]; see People v Driscoll , 147 AD3d 1157, 1158 [2017], lv denied 29 NY3d 1078 [2017]).

2018Upon reviewing the record, we find that his further claim that he was denied the effective assistance of counsel is unavailing. "[I]n the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Kahn , 139 AD3d 1261, 1264 [2016] [internal quotation marks and citations omitted], lvs denied 28 NY3d 932 , 934 [2016]; see People v Driscoll , 147 AD3d 1157, 1158 [2017], lv denied 29 NY3d 1078 [2017]).

2017While it would have been appropriate for the court to instruct the jury in accordance with the “evidence of threats” addition to the justification charge contained in the Criminal Jury Instructions (CJI2d[NY] Justification: Use of Deadly Physical Force in Defense of a Person), any error in failing to do so was harmless, as there was overwhelming evidence disproving the defendant’s justification defense and no significant probability that the lack of the instruction contributed to the defendant’s convictions (see People v Petty, 7 NY3d 277, 286 [2006]; People v Crimmins, 36 NY2d 230, 241-242 [1

2016As the Court of Appeals observed in resolving a related right-to-counsel issue, “Defendant was not induced by any promise, or coerced by the Department, to call friends and family and make statements detrimental to his defense” (People v Johnson, 27 NY3d 199, 206 [2016]).