45 New York opinions name it 2 courts 1957–2023 4 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. Richardsongreen2 sentences2015Defendant has failed to provide any proof in the record to support that claim and, in any event, there is no such requirement for the admission of prior uncharged crimes under Ventimiglia (see id. at 359-362; see also People v Richardson, 148 AD2d 476, 477 [1989]). 2015Defendant has failed to provide any proof in the record to support that claim and, in any event, there is no such requirement for the admission of prior uncharged crimes under Ventimiglia (see id. at 359-362; see also People v Richardson, 148 AD2d 476, 477 [1989]). | 3 | 3 |
People v. Brooksgreen2 sentences2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). 2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). | 3 | 3 |
Stojek v. Clear-Allgreen2 sentences2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). 2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). | 2 | 3 |
People v. Ventimigliagreen2 sentences2015Defendant has failed to provide any proof in the record to support that claim and, in any event, there is no such requirement for the admission of prior uncharged crimes under Ventimiglia (see id. at 359-362; see also People v Richardson, 148 AD2d 476, 477 [1989]). 2015Defendant has failed to provide any proof in the record to support that claim and, in any event, there is no such requirement for the admission of prior uncharged crimes under Ventimiglia (see id. at 359-362; see also People v Richardson, 148 AD2d 476, 477 [1989]). | 2 | 3 |
Gonzalez v. Jamaica Hospitalgreen2 sentences2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). 2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). | 2 | 2 |
Deshommes v. Hussaingreen2 sentences2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). 2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). | 2 | 2 |
Nallan v. Helmsley-Spear, Inc.green2 sentences2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). 2013Under the circumstances of this case, the Supreme Court improperly instructed the jury as to the storm in progress rule, since there was insufficient evidence in the record to support that defense (see generally Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 517 [1980]; Deshommes v Hussain, 47 AD3d 869, 869 [2008]; Gonzalez v Jamaica Hosp., 25 AD3d 652, 652 [2006] ). | 2 | 2 |
In re Town of Greenburghgreen1 sentence2023In any event, by 1985 the case law was clearly established that police discipline was a proper subject of collective bargaining where the procedures of Civil Service Law §§ 75 and 76 applied, and the City Council certainly should have been aware of that fact (see Matter of Town of Greenburgh [Police Assn. of Town of Greenburgh], 94 AD2d 771, 771-772 [2d Dept 1983], lv denied 60 NY2d 551 [1983]; Matter of Auburn Police Local 195, 62 AD2d at 17 ). | 1 | 1 |
People v. Speedgreen1 sentence2021In any event, although defendant was offered five years in prison in exchange for pleading guilty to a reduced charge, there is nothing in the record to support his claim that the sentence was retaliatory or vindictively imposed as a penalty for proceeding to trial ( see People v Speed , 134 AD3d 1235, 1236-1237 [2015], lv denied 27 NY3d 1155 [2016]). | 1 | 1 |
People v. Edwardsgreen1 sentence2021As for the severity of the sentence, which fell well below the statutory maximum of 15 years in prison for a second violent felony offender ( see Penal Law § 70.04 [3] [b]), we discern no abuse of discretion or extraordinary circumstances warranting a modification of the sentence in the interest of justice ( see People v Edwards , 124 AD3d 988, 992 [2015], lv denied 25 NY3d 1201 [2015]). | 1 | 1 |
Claim of Jaquin v. Community Covenant Churchgreen1 sentence2018The Board ultimately found that the accident occurred on May 1, 2014, and we will not interfere, as any credibility issues presented by the discrepancies in the date and location of the alleged fall were for the Board to resolve ( see Matter of Jaquin v Community Covenant Church , 69 AD3d 998, 999-1000 [2010]). | 1 | 1 |
Matter of Olibencia v. New York State Department of Corrections and Community Supervisiongreen1 sentence2017Petitioner’s claim that he was denied the right to present certain evidence at the hearing is unpreserved, as he failed to raise this issue at the hearing when it could have been addressed, even after the Hearing Officer advised him of his right to present evidence, which he indicated he understood (see Matter of Miller v Venettozzi, 149 AD3d 1451, 1452 [2017]; Matter of Olibencia v New York State Dept. of Corr. & Community Supervision, 131 AD3d 1318, 1318 [2015]; Matter of Ahrams v Fischer, 109 AD3d 1030 , 1031 [2013]). | 1 | 1 |
In re the Claim of Lamargreen1 sentence2017With regard to his claim that the Hearing Officer failed to inquire about his mental state (see 7 NYCRR 254.6 [b] [1]; [c]), petitioner likewise failed to raise this claim at the hearing, and there is nothing in the record to support the claim that his mental state was in issue at the time of the incident or at the hearing (see Matter of Matthews v Fischer, 109 AD3d 1038, 1038 [2013]). | 1 | 1 |
Miller v. Venettozzigreen1 sentence2017Petitioner’s claim that he was denied the right to present certain evidence at the hearing is unpreserved, as he failed to raise this issue at the hearing when it could have been addressed, even after the Hearing Officer advised him of his right to present evidence, which he indicated he understood (see Matter of Miller v Venettozzi, 149 AD3d 1451, 1452 [2017]; Matter of Olibencia v New York State Dept. of Corr. & Community Supervision, 131 AD3d 1318, 1318 [2015]; Matter of Ahrams v Fischer, 109 AD3d 1030 , 1031 [2013]). | 1 | 1 |
Wells Fargo Bank, N.A. v. Van Dykegreen2 sentences2016There is nothing in the record to support the claim that the plaintiff engaged in conduct that improperly hindered the settlement process or needlessly prevented the parties from reaching a mutually agreeable resolution (see Flagstar Bank, FSB v Titus, 120 AD3d 469, 470 [2014]; Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d 638, 638 [2012]; cf. U.S. Bank N.A. v Smith, 123 AD3d 914 , 916 [2014]; US Bank N.A. v Sarmiento, 121 AD3d 187, 204-205 [2014]). 2016Contrary to the defendants’ contention, the plaintiff did not violate CPLR 3408 by refusing to lower the principal or the interest rate or by rejecting the terms of the defendants’ counteroffer (see Bank of Am., N.A. v Lucido, 114 AD3d 714 , 715-716 [2014]; Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d at 638 ). | 1 | 1 |
People v. Beangreen1 sentence2016In any event, defendant received a favorable plea bargain and there is nothing in the record to support his claim of ineffective assistance (see People v Bean, 102 AD3d 1062, 1063 [2013]). | 1 | 1 |
People v. Tylergreen1 sentence2016Defendant’s challenge to the sentence as harsh and excessive is precluded by his valid appeal waiver (see People v Lopez, 6 NY3d at 256 ; People v Tyler, 130 AD3d 1383, 1385 [2015]). | 1 | 1 |
US Bank National Ass'n v. Sarmientogreen1 sentence2016There is nothing in the record to support the claim that the plaintiff engaged in conduct that improperly hindered the settlement process or needlessly prevented the parties from reaching a mutually agreeable resolution (see Flagstar Bank, FSB v Titus, 120 AD3d 469, 470 [2014]; Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d 638, 638 [2012]; cf. U.S. Bank N.A. v Smith, 123 AD3d 914 , 916 [2014]; US Bank N.A. v Sarmiento, 121 AD3d 187, 204-205 [2014]). | 1 | 1 |
| Flagstar Bank, FSB v. Titusgreen | 1 | 1 |
| Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.green | 1 | 1 |
| Luka v. New York City Transit Authoritygreen | 1 | 1 |
| Nowinski v. City of New Yorkgreen | 1 | 1 |
| People v. Francisgreen | 1 | 1 |
| People v. Rosatogreen | 1 | 1 |
| In re Donald P.green | 1 | 1 |
| Perkins v. New York State Division of Housing & Community Renewalgreen | 1 | 1 |
| Stedronsky v. Sobolgreen | 1 | 1 |
| People v. Taylorgreen | 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. Moore
green
2 sentences2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). 2015Finally, we agree with defendant and the People that the certificate of conviction, which recites that defendant was convicted of the crime of sexual abuse in the first degree occurring on or about June 5, 2005, must be amended to reflect the correct date on which the crime for which defendant was convicted occurred, namely, on or about October 6-7, 2007 (see People v Young, 74 AD3d 1864, 1865 [2010], lv denied 15 NY3d 811 [2010]; see also People v Brooks, 46 AD3d 1374, 1374 [2007]). | 3 | 2015–2015 |
People v. Harrison
green
2 sentences1994The issue whether the police acted reasonably in stopping and searching defendant is a mixed question of law and fact, and evidence exists in the record to support the hearing court’s findings as affirmed by the Appellate Division (see, People v Falciglia, 75 NY2d 935, 937 ; People v Castro, 68 NY2d 850, 851 ; People v Harrison, 57 NY2d 470 ). 1992These determinations involve mixed questions of law and fact, and because there is evidence in the record to support the hearing court’s findings, undisturbed by the Appellate Division, our review process is at an end (see, People v Jones, 69 NY2d 853, 855 ; People v Harrison, 57 NY2d 470, 477-478 ). | 3 | 1987–1994 |
City of Peekskill v. Williams
green
2 sentences1992These determinations involve mixed questions of law and fact, and because there is evidence in the record to support the hearing court’s findings, undisturbed by the Appellate Division, our review process is at an end (see, People v Jones, 69 NY2d 853, 855 ; People v Harrison, 57 NY2d 470, 477-478 ). 1988Inasmuch as there is evidence in the record to support the hearing court’s finding, undisturbed by the Appellate Division, that there was a sufficient predicate for the officer’s interference with defendant as he attempted to walk away from the taxi, our review process is at an end (People v Jones, 69 NY2d 853, 855 ). | 3 | 1988–1992 |
Bargil Associates, LLC v. Crites
green
2 sentences2022Here, "[t]here is nothing in the record to support the claim that the plaintiff engaged in conduct that improperly hindered the settlement process or needlessly prevented the parties from reaching a mutually agreeable resolution" ( Aurora Loan Servs., LLC v Chirinkin , 135 AD3d 676, 676 ). 2021Here, there is nothing in the record to support the claim that the plaintiff engaged in conduct that improperly hindered the settlement process or needlessly prevented the parties from reaching a mutually agreeable resolution ( see Aurora Loan Servs., LLC v Chirinkin , 135 AD3d 676, 676 ). | 2 | 2021–2022 |
People v. Hartley
green
2 sentences1987There was adequate evidence in the record to support the hearing court’s conclusions that the statements given by the defendant at the police station were preceded by a proper recitation to him of his rights, and an intelligent and voluntary waiver of those rights, including the right to counsel (see, People v Reichbach, 131 AD2d 515 ; People v Smith, 118 AD2d 605, 606 ; cf., People v Hartley, 103 AD2d 935 , affd 65 NY2d 703 ). 1985Its determination must be accorded great weight, since it is for the trier of the facts to choose between conflicting inferences which may be drawn from the proof (People v Yukl, 25 NY2d 585, 588 , cert denied 400 US 851 ; People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Hartley, 103 AD2d 935 ). | 2 | 1985–1987 |
Patterson v. District Court of Oklahoma
green
2 sentences1987The record similarly contained sufficient evidence to support findings that the defendant was not in custody when he made his earlier statements (see People v Yukl, 25 NY2d 585 , mot to amend remittitur denied 26 NY2d 845 , 883, cert denied 400 US 851 ; People v Rodney P., 21 NY2d 1 ) and, in any event, they were not elicited by the police (People v Kaye, 25 NY2d 139 ; cf., Rhode Is. v Innis, 446 US 291 ). 1985Its determination must be accorded great weight, since it is for the trier of the facts to choose between conflicting inferences which may be drawn from the proof (People v Yukl, 25 NY2d 585, 588 , cert denied 400 US 851 ; People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Hartley, 103 AD2d 935 ). | 2 | 1985–1987 |
People v. Yukl
green
2 sentences1987The record similarly contained sufficient evidence to support findings that the defendant was not in custody when he made his earlier statements (see People v Yukl, 25 NY2d 585 , mot to amend remittitur denied 26 NY2d 845 , 883, cert denied 400 US 851 ; People v Rodney P., 21 NY2d 1 ) and, in any event, they were not elicited by the police (People v Kaye, 25 NY2d 139 ; cf., Rhode Is. v Innis, 446 US 291 ). 1985Its determination must be accorded great weight, since it is for the trier of the facts to choose between conflicting inferences which may be drawn from the proof (People v Yukl, 25 NY2d 585, 588 , cert denied 400 US 851 ; People v Leonti, 18 NY2d 384, 390 , cert denied 389 US 1007 ; People v Hartley, 103 AD2d 935 ). | 2 | 1985–1987 |
Auburn Police Local 195 v. Helsby
green
1 sentence2023In any event, by 1985 the case law was clearly established that police discipline was a proper subject of collective bargaining where the procedures of Civil Service Law §§ 75 and 76 applied, and the City Council certainly should have been aware of that fact (see Matter of Town of Greenburgh [Police Assn. of Town of Greenburgh], 94 AD2d 771, 771-772 [2d Dept 1983], lv denied 60 NY2d 551 [1983]; Matter of Auburn Police Local 195, 62 AD2d at 17 ). | 1 | 2023–2023 |
CIT Bank, N.A. v. Singh
green
1 sentence2022The fact that the terms of a proposed loan modification differed from a prior, interim forbearance agreement is not evidence of bad faith under the circumstances ( see CIT Bank, N.A. v Singh , 191 AD3d 758 ). | 1 | 2022–2022 |
Abrams v. Fischer
green
1 sentence2017Petitioner’s claim that he was denied the right to present certain evidence at the hearing is unpreserved, as he failed to raise this issue at the hearing when it could have been addressed, even after the Hearing Officer advised him of his right to present evidence, which he indicated he understood (see Matter of Miller v Venettozzi, 149 AD3d 1451, 1452 [2017]; Matter of Olibencia v New York State Dept. of Corr. & Community Supervision, 131 AD3d 1318, 1318 [2015]; Matter of Ahrams v Fischer, 109 AD3d 1030 , 1031 [2013]). | 1 | 2017–2017 |
People v. Lopez
green
1 sentence2016Defendant’s challenge to the sentence as harsh and excessive is precluded by his valid appeal waiver (see People v Lopez, 6 NY3d at 256 ; People v Tyler, 130 AD3d 1383, 1385 [2015]). | 1 | 2016–2016 |
Bank of America, National Ass'n v. Lucido
green
1 sentence2016Contrary to the defendants’ contention, the plaintiff did not violate CPLR 3408 by refusing to lower the principal or the interest rate or by rejecting the terms of the defendants’ counteroffer (see Bank of Am., N.A. v Lucido, 114 AD3d 714 , 715-716 [2014]; Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d at 638 ). | 1 | 2016–2016 |
| U.S. Bank National Ass'n v. Smith green | 1 | 2016–2016 |
| Luka v. New York City Transit Authority neutral | 1 | 2011–2011 |
| Yassin v. Sarabu green | 1 | 2011–2011 |
| People v. Thomas neutral | 1 | 2008–2008 |
| People v. Britton green | 1 | 2008–2008 |
| People v. Kalaj green | 1 | 2008–2008 |
| Honohan v. Martin's Food of South Burlington, Inc. green | 1 | 2005–2005 |
| People v. Jones green | 1 | 2004–2004 |
| People v. Jabaut neutral | 1 | 2004–2004 |
| People v. Ortlieb green | 1 | 2002–2002 |
| People v. Gabler green | 1 | 1998–1998 |
| People v. Sharpe green | 1 | 1998–1998 |
| People v. Thomas green | 1 | 1998–1998 |
| People v. Washington green | 1 | 1998–1998 |
| People v. Gonzalez green | 1 | 1998–1998 |
| People v. Richardson green | 1 | 1998–1998 |
| People v. Gonzalez green | 1 | 1998–1998 |
| Gonzalez v. New York City Housing Authority green | 1 | 1997–1997 |
| Katz v. Ambach green | 1 | 1995–1995 |
| MATTER OF SHURGIN v. Ambach green | 1 | 1995–1995 |
| People v. McLaurin green | 1 | 1995–1995 |
| Shurgin v. Ambach green | 1 | 1995–1995 |
| People v. Matthews green | 1 | 1994–1994 |
| People v. Pica neutral | 1 | 1994–1994 |
| People v. Falciglia green | 1 | 1994–1994 |
| People v. Castro neutral | 1 | 1994–1994 |
| People v. Townsend green | 1 | 1994–1994 |
| People v. Baldi green | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.