ancillary hearing (New York) · Go Syfert
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ancillary hearing in New York

6 New York opinions name it 2 courts 1969–2006 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 (4)

CaseFollowedCited
People v. Spotfordgreen
ny · 1995 · cited in 2 New York opinions naming this issue, 2000–2006
2 sentences

2006Defendants generally have a right to be present during Ventimiglia hearings or sidebar conferences because such a Ventimiglia hearing or sidebar conference “is an ancillary hearing [or sidebar conference] at which a defendant has the right to be present when he may have ‘something valuable to contribute’ ” (People v Rodriguez, 273 AD2d 415, 415-416 [2000], lv denied 95 NY2d 907 , 96 NY2d 867 [2000]; see People v Spotford, 85 NY2d 593, 596-597 [1995]).

2000In People v Spotford ( 85 NY2d 593 ), for example, the Ventimiglia hearing involved four uncharged crimes dating back to 1981 and the defendant was in the best position to deny or controvert the allegations.

12
People v. Sanchezgreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006We conclude that defendant’s right to be present was not violated in this case because the only issue discussed was whether the testimony was more prejudicial than probative, and thus there was no potential for meaningful participation on defendant’s part (see Rodriguez, 273 AD2d at 415-416 ; see also People v Sanchez, 213 AD2d 566, 567-568 [1995], lv denied 86 NY2d 784 [1995]; cf. People v Sanchez, 209 AD2d 1012 [1994]).

11
People v. Reevesgreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2006–2006
2 sentences

2006Defendants generally have a right to be present during Ventimiglia hearings or sidebar conferences because such a Ventimiglia hearing or sidebar conference “is an ancillary hearing [or sidebar conference] at which a defendant has the right to be present when he may have ‘something valuable to contribute’ ” (People v Rodriguez, 273 AD2d 415, 415-416 [2000], lv denied 95 NY2d 907 , 96 NY2d 867 [2000]; see People v Spotford, 85 NY2d 593, 596-597 [1995]).

2006We conclude that defendant’s right to be present was not violated in this case because the only issue discussed was whether the testimony was more prejudicial than probative, and thus there was no potential for meaningful participation on defendant’s part (see Rodriguez, 273 AD2d at 415-416 ; see also People v Sanchez, 213 AD2d 566, 567-568 [1995], lv denied 86 NY2d 784 [1995]; cf. People v Sanchez, 209 AD2d 1012 [1994]).

11
People v. Romangreen
ny · 1996 · cited in 1 New York opinions naming this issue, 2001–2001
1 sentence

2001Defendants are likewise unable to demonstrate that they could have potentially contributed to the narrow issue addressed at the ancillary inquiry involving the second juror (see, People v Roman, supra, at 26-27; People v Sprowal, supra, at 118 ; People v Mullen, supra, at 6).

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 (7)

CaseCitedYears
People v. Sanchez neutral
nyappdiv · 1994
1 sentence

2006We conclude that defendant’s right to be present was not violated in this case because the only issue discussed was whether the testimony was more prejudicial than probative, and thus there was no potential for meaningful participation on defendant’s part (see Rodriguez, 273 AD2d at 415-416 ; see also People v Sanchez, 213 AD2d 566, 567-568 [1995], lv denied 86 NY2d 784 [1995]; cf. People v Sanchez, 209 AD2d 1012 [1994]).

12006–2006
People v. Sprowal green
ny · 1994
1 sentence

2001Defendants are likewise unable to demonstrate that they could have potentially contributed to the narrow issue addressed at the ancillary inquiry involving the second juror (see, People v Roman, supra, at 26-27; People v Sprowal, supra, at 118 ; People v Mullen, supra, at 6).

12001–2001
Brophy v. Metropolitan Life Insurance neutral
nyappdiv · 2000
1 sentence

2001Respondents, however, are not thereby excused from the ancillary requirement that a motion to dismiss for lack of proper service be made within 60 days after serving the pleading which preserves the objection (see, Matter of Brookview Apts. v Stuhlman, 278 AD2d 351 [where taxpayer does not timely serve the petition on a school district, the taxing authority may move to dismiss the proceeding if it raises the issue in its answer or makes a timely motion]).

12001–2001
People v. Morales green
ny · 1992
1 sentence

2000A Ventimiglia hearing (People v Ventimiglia, 52 NY2d 350 ) is an ancillary hearing at which a defendant has the right to be present when he may have “something valuable to contribute” (People v Morales, 80 NY2d 450, 456 ).

12000–2000
People v. Ventimiglia green
ny · 1981
1 sentence

2000A Ventimiglia hearing (People v Ventimiglia, 52 NY2d 350 ) is an ancillary hearing at which a defendant has the right to be present when he may have “something valuable to contribute” (People v Morales, 80 NY2d 450, 456 ).

12000–2000
Baker v. McGinnis green
nysd · 1968
1 sentence

1982Although the County contends that plaintiffs should have requested the relief sought here in the Federal court, a counterclaim seeking such a declaration might not have met with much success: the construction of a State statute is deemed by the Federal courts an issue for the State courts since the question of legislative intent does not present a Federal constitutional question (Baker v McGinnis, 286 F Supp 280 ) and the Federal courts will exercise ancillary jurisdiction only where the ancillary claim is logically related, in terms of factual and legal issues presented, to the main action (s

11982–1982
In re Myles neutral
nysupct · 1968
1 sentence

1969Immediately after the trial and pursuant to a petition previously served upon respondent’s special guardian, an ancillary hearing on the issues raised in the petition was conducted (see Matter of Myles, 57 Misc 2d 101 ).

11969–1969

Where else courts name it

PA 7 (1976–2021) CA 6 (1979–2016) NY 6 (1969–2006) DE 6 (1980–2025) TX 5 (1997–2025) LA 5 (2011–2019) IL 3 (1988–2022) FL 3 (1959–2004) NC 3 (1974–2020) CT 3 (1984–2006) MD 2 (2002–2003) IA 2 (1977–2016) OK 2 (1979–2004)

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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