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6 New York opinions name it 4 courts 1874–2022 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. Fernandezgreen1 sentence2022Defendant therefore failed to satisfy his burden of showing "that a plea offer was made, that defense counsel failed to inform him of that offer, and that he would have been willing to accept the offer" ( People v Fernandez , 5 NY3d 813, 814 [2005] [internal quotation marks omitted]; see also People v Spencer , 183 AD3d 1258, 1259 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]). | 1 | 1 |
People v. Spencergreen1 sentence2022Defendant therefore failed to satisfy his burden of showing "that a plea offer was made, that defense counsel failed to inform him of that offer, and that he would have been willing to accept the offer" ( People v Fernandez , 5 NY3d 813, 814 [2005] [internal quotation marks omitted]; see also People v Spencer , 183 AD3d 1258, 1259 [4th Dept 2020], lv denied 35 NY3d 1070 [2020]). | 1 | 1 |
O'Neil v. Kaslergreen2 sentences1982The request by the District Attorney only covered immunity “for relevant and material questions, not for any collateral acts which have nothing to do with the trial or indictment.” That this was sufficient immunity to compel petitioner’s direct testimony was impliedly determined in Matter of O’Neil v Kasler ( 53 AD2d 310 ), where the court upheld a summary adjudication of criminal contempt for a refusal to answer questions under a similar offer of immunity (see id., at p 313). 1 Moreover, as to the questions and answers under review, there was a failure to follow the multistep procedure outlin 1982This procedure was originally enacted in section 2447 of the former Penal Law (L 1953, ch 891, § 1) for the specific purpose of avoiding inadvertent, overly broad and unnecessary “immunity baths” which might have resulted under the automatic immunity provisions of prior law (see description of legislative history in Matter of O’Neil v Kasler, supra, pp 317-319; see, also, Denzer, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11 A, CPL 50.20, pp 150-151). | 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. Jenkins
green
1 sentence2011Accordingly, defendant waived any objection to the procedure by which the court resolved the suppression issues (cf. People v Jenkins, 38 AD3d 230 [2007], lv denied 8 NY3d 986 [2007]). | 1 | 2011–2011 |
People v. Sachs
green
1 sentence1967(Cf. People v. Sachs, 1 Misc 2d 148 .) Upon objection of the defendant the Trial Justice declared the People’s offer of the test car’s calibrated speed record inadmissible. | 1 | 1967–1967 |
Heike v. United States
green
1 sentence1939We see no reason for supposing that the act offered a gratuity to crime.” (Heike v. United States, 227 U. S. 131, 142 .) Basically the offer of immunity is given only in exchange for disclosures and it is patent that the allegations of an answer which furnish no real information are not within the reason for the grant. | 1 | 1939–1939 |
Fake v. . Whipple
neutral
1 sentence1874The following authorities of the courts of our State support the ruling of the judge on the trial: The People v. Falconer, 2 Sandf., 81 ; Caldwell v. Colgate, 7 Barb., 256 ; People v. Norton, 9 N. Y., 178 ; The Supervisors of Rensselaer v. Bates, 17 N. Y., 245 ; Fay v. Ames, 44 Barb., 327 ; Fake v. Whipple, 39 Barb., 339 ; S. C., 39 N. Y., 394 ; Coleman v. Bean, 1 Abb. | 1 | 1874–1874 |
Coleman v. Bean
neutral
1 sentence1874The following authorities of the courts of our State support the ruling of the judge on the trial: The People v. Falconer, 2 Sandf., 81 ; Caldwell v. Colgate, 7 Barb., 256 ; People v. Norton, 9 N. Y., 178 ; The Supervisors of Rensselaer v. Bates, 17 N. Y., 245 ; Fay v. Ames, 44 Barb., 327 ; Fake v. Whipple, 39 Barb., 339 ; S. C., 39 N. Y., 394 ; Coleman v. Bean, 1 Abb. | 1 | 1874–1874 |
Fake v. Whipple
neutral
1 sentence1874The following authorities of the courts of our State support the ruling of the judge on the trial: The People v. Falconer, 2 Sandf., 81 ; Caldwell v. Colgate, 7 Barb., 256 ; People v. Norton, 9 N. Y., 178 ; The Supervisors of Rensselaer v. Bates, 17 N. Y., 245 ; Fay v. Ames, 44 Barb., 327 ; Fake v. Whipple, 39 Barb., 339 ; S. C., 39 N. Y., 394 ; Coleman v. Bean, 1 Abb. | 1 | 1874–1874 |
Fay v. Ames
neutral
1 sentence1874The following authorities of the courts of our State support the ruling of the judge on the trial: The People v. Falconer, 2 Sandf., 81 ; Caldwell v. Colgate, 7 Barb., 256 ; People v. Norton, 9 N. Y., 178 ; The Supervisors of Rensselaer v. Bates, 17 N. Y., 245 ; Fay v. Ames, 44 Barb., 327 ; Fake v. Whipple, 39 Barb., 339 ; S. C., 39 N. Y., 394 ; Coleman v. Bean, 1 Abb. | 1 | 1874–1874 |
People v. Falconer
neutral
1 sentence1874The following authorities of the courts of our State support the ruling of the judge on the trial: The People v. Falconer, 2 Sandf., 81 ; Caldwell v. Colgate, 7 Barb., 256 ; People v. Norton, 9 N. Y., 178 ; The Supervisors of Rensselaer v. Bates, 17 N. Y., 245 ; Fay v. Ames, 44 Barb., 327 ; Fake v. Whipple, 39 Barb., 339 ; S. C., 39 N. Y., 394 ; Coleman v. Bean, 1 Abb. | 1 | 1874–1874 |
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.