Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 New York opinions name it 2 courts 1985–2023 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 |
|---|---|---|
County of Niagara v. Regangreen1 sentence2023"Waiver is the voluntary and intentional relinquishment of a known right; knowledge and intent are essential elements and [a]t the very least the record should reflect an advised and knowing waiver entered into freely and voluntarily" ( People v Suttell , 109 AD2d 249, 252 [4th Dept 1985], lv denied 66 NY2d 767 [1985] [internal quotation marks omitted]; see People v Cox , 71 AD2d 798, 798 [4th Dept 1979]; see generally Johnson v Zerbst , 304 US 458, 464 [1938]). | 1 | 1 |
People v. Suttellgreen1 sentence2023"Waiver is the voluntary and intentional relinquishment of a known right; knowledge and intent are essential elements and [a]t the very least the record should reflect an advised and knowing waiver entered into freely and voluntarily" ( People v Suttell , 109 AD2d 249, 252 [4th Dept 1985], lv denied 66 NY2d 767 [1985] [internal quotation marks omitted]; see People v Cox , 71 AD2d 798, 798 [4th Dept 1979]; see generally Johnson v Zerbst , 304 US 458, 464 [1938]). | 1 | 1 |
Johnson v. Zerbstgreen1 sentence2023"Waiver is the voluntary and intentional relinquishment of a known right; knowledge and intent are essential elements and [a]t the very least the record should reflect an advised and knowing waiver entered into freely and voluntarily" ( People v Suttell , 109 AD2d 249, 252 [4th Dept 1985], lv denied 66 NY2d 767 [1985] [internal quotation marks omitted]; see People v Cox , 71 AD2d 798, 798 [4th Dept 1979]; see generally Johnson v Zerbst , 304 US 458, 464 [1938]). | 1 | 1 |
People v. Turnergreen1 sentence2023In evaluating defense counsel's performance, we consider whether, "viewed in totality" it constituted "meaningful representation" ( People v Baldi , 54 NY2d 137, 147 [1981]; see People v Turner , 5 NY3d 476, 480 [2005]). | 1 | 1 |
The People v. Gordon Grossgreen1 sentence2023"On a CPL 440.10 motion pursuant to subdivision (1) (h), the burden is on defendant to demonstrate that [t]he judgment was obtained in violation of a right of the defendant under the constitution of this state or of the United States" ( People v Gross , 26 NY3d 689, 693 [2016] [internal quotation marks omitted]). | 1 | 1 |
People v. Gamblegreen1 sentence2023It is well settled that "the fundamental right to counsel in a criminal case includes 'the right to consult counsel in private , without fear or danger that the People, in a criminal prosecution, will have access to what has been said' " ( People v Gamble , 18 NY3d 386, 396 [2012] [emphasis added], rearg denied 19 NY3d 833 [2012], quoting People v Cooper , 307 NY 253, 259 [1954]). | 1 | 1 |
People v. Coopergreen1 sentence2023It is well settled that "the fundamental right to counsel in a criminal case includes 'the right to consult counsel in private , without fear or danger that the People, in a criminal prosecution, will have access to what has been said' " ( People v Gamble , 18 NY3d 386, 396 [2012] [emphasis added], rearg denied 19 NY3d 833 [2012], quoting People v Cooper , 307 NY 253, 259 [1954]). | 1 | 1 |
People v. Baldigreen1 sentence2023In evaluating defense counsel's performance, we consider whether, "viewed in totality" it constituted "meaningful representation" ( People v Baldi , 54 NY2d 137, 147 [1981]; see People v Turner , 5 NY3d 476, 480 [2005]). | 1 | 1 |
In re Shirley A.S.green1 sentence2020We reject the father's contention that the court erred in admitting into evidence certain permanency reports inasmuch as the reports were admissible under the business record exception to the hearsay rule ( see CPLR 4518 [a]; Matter of Shirley A.S. [David A.S.] , 90 AD3d 1655, 1655 [4th Dept 2011], lv denied 18 NY3d 811 [2012]; Matter of Noemi D. , 43 AD3d 1303, 1304 [4th Dept 2007], lv denied 9 NY3d 814 [2007]). | 1 | 1 |
Matter of Justin T. (Wanda T.)green1 sentence2020The father's contention that the court should have recused itself is unpreserved because he failed to request that relief at the factfinding hearing ( see generally Matter of Justin T. [Wanda T.—Joseph M.] , 154 AD3d 1338, 1339-1340 [4th Dept 2017], lv denied 30 NY3d 910 [2018]), and we decline to address that issue in the interest of justice ( see generally Matter of Reska v Browne , 182 AD3d 1052, 1053 [4th Dept 2020]; Matter of Tumario B. [Valerie L.] , 83 [*2]AD3d 1412, 1412 [4th Dept 2011], lv denied 17 NY3d 705 [2011]). | 1 | 1 |
In re Noemi D.green1 sentence2020We reject the father's contention that the court erred in admitting into evidence certain permanency reports inasmuch as the reports were admissible under the business record exception to the hearsay rule ( see CPLR 4518 [a]; Matter of Shirley A.S. [David A.S.] , 90 AD3d 1655, 1655 [4th Dept 2011], lv denied 18 NY3d 811 [2012]; Matter of Noemi D. , 43 AD3d 1303, 1304 [4th Dept 2007], lv denied 9 NY3d 814 [2007]). | 1 | 1 |
Matter of Jacieon M. (Markeef R.)green1 sentence2020The father's contention that the court should have recused itself is unpreserved because he failed to request that relief at the factfinding hearing ( see generally Matter of Justin T. [Wanda T.—Joseph M.] , 154 AD3d 1338, 1339-1340 [4th Dept 2017], lv denied 30 NY3d 910 [2018]), and we decline to address that issue in the interest of justice ( see generally Matter of Reska v Browne , 182 AD3d 1052, 1053 [4th Dept 2020]; Matter of Tumario B. [Valerie L.] , 83 [*2]AD3d 1412, 1412 [4th Dept 2011], lv denied 17 NY3d 705 [2011]). | 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. Gamble
green
1 sentence2023It is well settled that "the fundamental right to counsel in a criminal case includes 'the right to consult counsel in private , without fear or danger that the People, in a criminal prosecution, will have access to what has been said' " ( People v Gamble , 18 NY3d 386, 396 [2012] [emphasis added], rearg denied 19 NY3d 833 [2012], quoting People v Cooper , 307 NY 253, 259 [1954]). | 1 | 2023–2023 |
MATTER OF KELLY v. Kelly
green
1 sentence2020The father's contention that the court should have recused itself is unpreserved because he failed to request that relief at the factfinding hearing ( see generally Matter of Justin T. [Wanda T.—Joseph M.] , 154 AD3d 1338, 1339-1340 [4th Dept 2017], lv denied 30 NY3d 910 [2018]), and we decline to address that issue in the interest of justice ( see generally Matter of Reska v Browne , 182 AD3d 1052, 1053 [4th Dept 2020]; Matter of Tumario B. [Valerie L.] , 83 [*2]AD3d 1412, 1412 [4th Dept 2011], lv denied 17 NY3d 705 [2011]). | 1 | 2020–2020 |
People v. Iverson
green
1 sentence2020We reject the father's contention that the court erred in admitting into evidence certain permanency reports inasmuch as the reports were admissible under the business record exception to the hearsay rule ( see CPLR 4518 [a]; Matter of Shirley A.S. [David A.S.] , 90 AD3d 1655, 1655 [4th Dept 2011], lv denied 18 NY3d 811 [2012]; Matter of Noemi D. , 43 AD3d 1303, 1304 [4th Dept 2007], lv denied 9 NY3d 814 [2007]). | 1 | 2020–2020 |
Dipizio Constr. Co. v. Erie Canal Harbor Dev. Corp.
green
1 sentence2020The father's contention that the court should have recused itself is unpreserved because he failed to request that relief at the factfinding hearing ( see generally Matter of Justin T. [Wanda T.—Joseph M.] , 154 AD3d 1338, 1339-1340 [4th Dept 2017], lv denied 30 NY3d 910 [2018]), and we decline to address that issue in the interest of justice ( see generally Matter of Reska v Browne , 182 AD3d 1052, 1053 [4th Dept 2020]; Matter of Tumario B. [Valerie L.] , 83 [*2]AD3d 1412, 1412 [4th Dept 2011], lv denied 17 NY3d 705 [2011]). | 1 | 2020–2020 |
In re Danoff
green
1 sentence2014Application by petitioner-appellant’s counsel to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1976]). | 1 | 2014–2014 |
Anders v. California
green
1 sentence2014Application by petitioner-appellant’s counsel to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1976]). | 1 | 2014–2014 |
People v. Davis
green
1 sentence2012Contrary to the further contention of defendant, the court properly concluded, “after considering ‘the nature and circumstances of the crime and . . . the history and character of the defendant, . . . that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate’ ” (People v Allen, 64 AD3d 1190, 1191 , lv -2- 1282 KA 11-00256 denied 13 NY3d 794 , quoting Correction Law § 168-a [2] [e]). | 1 | 2012–2012 |
People v. Bridges
green
1 sentence2012Contrary to the further contention of defendant, the court properly concluded, “after considering ‘the nature and circumstances of the crime and . . . the history and character of the defendant, . . . that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate’ ” (People v Allen, 64 AD3d 1190, 1191 , lv -2- 1282 KA 11-00256 denied 13 NY3d 794 , quoting Correction Law § 168-a [2] [e]). | 1 | 2012–2012 |
People v. Gravino
green
1 sentence2012Also, the court was not required to conduct a factfinding hearing before certifying defendant as a sex offender because defendant was not convicted of an offense listed in Correction Law § 168-d (1) (b) or (c) (see Gravino, 14 NY3d at 557 n 5). | 1 | 2012–2012 |
In re New York City Asbestos Litigation
green
1 sentence1994The mother did not object to the admission of certain "progress notes” as hearsay during the factfinding hearing, and cannot now raise the issue for the first time (Matter of New York City Asbestos Litig., 188 AD2d 214, 225-226 , affd 82 NY2d 821 ). | 1 | 1994–1994 |
Michael N. G. v. Elsa R.
green
1 sentence1994In any event, the case records were correctly received as business records (see, Matter of F. Children, 199 AD2d 81 ). | 1 | 1994–1994 |
Matter of New York City Asbestos Litig.
green
1 sentence1994The mother did not object to the admission of certain "progress notes” as hearsay during the factfinding hearing, and cannot now raise the issue for the first time (Matter of New York City Asbestos Litig., 188 AD2d 214, 225-226 , affd 82 NY2d 821 ). | 1 | 1994–1994 |
Schall v. Martin
green
2 sentences1985In the latter case, since the time for the probable cause hearing and the factfinding hearing coincide, the two hearings are merged.” ( 467 US, at p 270 .) Logic and a commonsense interpretation of the Family Court Act in conjunction with the Criminal Procedure Law further support the dicta in Schall . 1985In the latter case, since the time for the probable cause hearing and the factfinding hearing coincide, the two hearings are merged.” ( 467 US, at p 270 .) Logic and a commonsense interpretation of the Family Court Act in conjunction with the Criminal Procedure Law further support the dicta in Schall . | 1 | 1985–1985 |
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.