Case law

People v. Donahue

130 Misc. 2d 1080 · New York County Courts · Feb 7, 1986

The court declined to do so, holding that the Legislature clearly intended the statute to apply to all felonious conduct, whether originally intended as violent or not. … The reference to a "felony” must be qualified to require a felony independent of the assault leading to those injuries. 2 Since the underlying felony here alleged fails to satisfy this qualification, the second count of the

People v. Robinson

9 Misc. 3d 676 · New York County Courts · Jul 20, 2005

The foundation for Crawford’s logic is clearly the Confrontation Clause. Previously, however, the High Court has stated that right “is basically a trial right.” … That practice appears to be settled as Crawford never limits, qualifies or even mentions Raddatz, Brinegar, or the rule.

People v. D'Arcy

79 Misc. 2d 113 · New York County Courts · Aug 29, 1974

Clearly this is not . true. Consents executed through physical force, intimidation or deception are expressly excluded. … are in the main clearly distinguishable from those establishing the other; or “ (b) Each of the offenses as defined contains an element which is not an element of the other, and the statutory provisions defining such offenses

People v. Rosario

3 Misc. 3d 952 · New York County Courts · Apr 9, 2004

Following the defendant’s pleas of guilty and allocutions, the defendant was clearly advised and instructed by this court to cooperate with the Probation Department. … Miss Gerber is a qualified and experienced probation officer, with almost two years of probation presentence report writing experience.

People v. Zollbrecht

145 Misc. 2d 880 · New York County Courts · Oct 16, 1989

Sannicandro clearly understood what was proposed to him and indicated affirmatively that he consented to the surgery. … Under the circumstances, establishing a "blinking” communication system was an appropriate way for Detective Trotta to secure a statement.

People v. Raso

9 Misc. 2d 739 · New York County Courts · Jan 28, 1958

Div. 413 , 421—422, supra) — “If the Legislature had prohibited the keeping, of arms, it would have been clearly beyond its power ’ ’. Later in the same case (p. 422) quoting from English v. … Under such circumstances, I ruled that the People had failed to establish beyond a reasonable doubt that the rifle was concealed.

People v. Bilinski

68 Misc. 2d 540 · New York County Courts · Dec 6, 1971

The hearing clearly established that both witnesses, at the request of the Saratoga police, went to police headquarters at *542 9:00 a.m. on the morning following the criminal incident, separately viewed five or six photographs … This proviso obviously recognizes the privileges and immunities mandated by the Wade, Gilbert and Stovall decisions of the United States Supreme Court and the pronouncements of the New York Court of Appeals.

People v. Nowakowski

132 Misc. 2d 31 · New York County Courts · Mar 19, 1986

one offense are in the main clearly distinguishable from those establishing the other” (CPL 40.20 [2] [a]; emphasis supplied). *34 The People argue that "there is clearly a difference in the elements” between the New York … That portion of the exception requiring that the acts establishing the offenses be "clearly distinguishable” is not so satisfied.

People v. Tilley

120 Misc. 2d 1040 · New York County Courts · May 17, 1983

Reasonable proof of its accuracy has been established. … Clearly that is a proper function of the jury. As stated in People v Daniels ( 102 Misc 2d 540, 552 , supra): “todays juries are different from the juries of days gone by.

People v. Cheche

151 Misc. 2d 15 · New York County Courts · May 17, 1991

And there exists a qualified privilege to gather, write, edit and disseminate the news. (People v Troiano, 127 Misc 2d 738 .) … He clearly could be a hostile witness.

People v. Ortiz

190 Misc. 2d 495 · New York County Courts · Dec 21, 2001

Indeed, the Treaty’s preamble clearly states that the purpose of the privileges and immunities contained in the Treaty “is not to benefit individuals but to ensure the efficient performance of functions by consular posts. … Further, even if this court were to find that the Vienna Convention confers upon defendant some enforceable right, defendant has not established any prejudice resulting from his failure to receive consular advice and assistance

People v. McAleavey

133 Misc. 2d 987 · New York County Courts · Nov 25, 1986

Thus, the predicate established defines the scope of permissible police conduct.’ (People v Stewart, 41 NY2d, at p 66.)” (People v Bruce, 78 AD2d 169, 172 .) … While one who has multiple convictions arising out of alcohol related driving is not usually thought of as a specialist in that type of activity, nonetheless, he too should not be immune from impeachment simply because of

People v. Meikrantz

77 Misc. 2d 892 · New York County Courts · Jan 8, 1974

The issuance of a permit by the Department of Health presumptively qualifies such person and his testimony. … demeanor to establish the fact of the defendant’s impaired ability or intoxication (see People v.

International Textbook Co. v. Connelly

67 Misc. 49 · New York County Courts · Mar 15, 1910

Each of plaintiff’s division superintendents and representatives in this State is required to be qualified to give instruction in mathematics to its students, and assistance in mathematics is given by them at said division … It is clearly the intention of the Legislature that every foreign corporation doing business in the State shall pay a tax for the privilege of carrying on its business in the State, and that, until such tax is paid and a

In re Acquiring Title by the County of Nassau

159 Misc. 52 · New York County Courts · Apr 17, 1936

This distinction was clearly pointed out by Mr. Justice Cropsey in Kingsley v. Pounds ( 96 Misc. 27 ). … It is apparent, therefore, that in the case last cited there was no departure from the well-established principle.

People v. Jackson

138 Misc. 2d 1015 · New York County Courts · Feb 24, 1988

Having done so, the court finds that the claiming authority has established a substantial probability of success (CPLR 1312 (3) (a)).” … As the Kuriansky holding (supra) clearly states, the right to counsel of choice is a qualified right. Governmental interests, such as in the case at bar, can outweigh the right to counsel of choice by a defendant.

People v. Vespucci

192 Misc. 2d 685 · New York County Courts · May 29, 2002

established. … Ferranti could arguably qualify as a declaration against penal interest. (People v Settles, 46 NY2d 154 [1978].)

People v. Kent

87 Misc. 2d 69 · New York County Courts · May 26, 1976

The People next contend that the definition of commencement of a criminal action as provided by CPL 1.20 (subd 17) becomes modified in the context of a speedy trial motion by the qualifying language in CPL 30.30 (subd 5, … The People now propose that although the applicable subdivisions do not specifically address themselves to a situation where a felony complaint is superseded by an indictment, it *73 was clearly the legislative intent that

People v. Willi

38 N.Y. Crim. 73 · New York County Courts · Oct 15, 1919

At the outset of any consideration of legislation relative to the liquor traffic stands *81 the fundamental principle that some natural rights must be and are surrendered or qualified in entering into the social and political … Those rights are best secured, in our government, by the observance, upon the part of all, of such regulations as are established by competent authority to promote the public good.

People v. Adams

2 Misc. 3d 166 · New York County Courts · Jul 30, 2003

The progression of eavesdropping warrants in this case clearly indicates the police efforts to accomplish that specific end. … The defendant must make an initial showing in order to qualify for such a hearing. (People v Burch, 88 Misc 2d 835 [Sup Ct, Bronx County 1976].)