Topic: the record is devoid of any objective information sufficien… · Go Syfert
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Topic #46669

2 canonical passages across 2 cases, quoted by 6 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Jenkins.

#Case FlagCanonical passage Citers
1 People v. Jenkins Anchor
nyappdiv · 2007
green “the record is devoid of any objective information sufficient to rebut the presumption of vindictiveness that arose from the court's imposition of a sentence greater than that imposed after the initial conviction” 3
2 People v. Hilliard
nyappdiv · 2008
green “in order to ensure that defendants are not being penalized for exercising their right to appeal, 'a presumption of institutional vindictiveness generally arises when defendants who have won appellate reversals are given greater sentences . . . than were imposed after their initi…” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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