People v. Breedlove

Decision Date25 June 2009
Citation12 N.Y.3d 913,912 N.E.2d 1075
PartiesPEOPLE v. BREEDLOVE.
CourtNew York Court of Appeals Court of Appeals

Appeal from 3d Dept.: 61 A.D.3d 1120, 878 N.Y.S.2d 465 (Washington).

Application for leave to Criminal Appeal Denied. (Lippman, C.J.).

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12 cases
  • People v. Malcolm
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Junio 2010
    ... ... Tenace, 256 A.D.2d 928, 930, 682 N.Y.S.2d 279 [1998] [internal quotation marks and citations omitted], lv. denied 93 N.Y.2d 902, 689 N.Y.S.2d 714, 711 N.E.2d 990 [1999], cert. denied 530 U.S. 1217, 120 S.Ct. 2223, 147 L.Ed.2d 254 [2000]; see People v. Breedlove, 61 A.D.3d 1120, 1121, 878 N.Y.S.2d 465 [2009], lv. denied 12 N.Y.3d 913, 884 N.Y.S.2d 694, 912 N.E.2d 1075 [2009]; People v. Dunton, 19 A.D.3d 808, 809, 797 N.Y.S.2d 166 [2005], lv. denied74 A.D.3d 14875 N.Y.3d 805, 803 N.Y.S.2d 34, 836 N.E.2d 1157 [2005] ). Moreover, in denying defendant's ... ...
  • People v. Wright
    • United States
    • New York Supreme Court — Appellate Division
    • 24 Febrero 2011
    ... ... Gorham, 17 A.D.3d at 860, 793 N.Y.S.2d 281). This additional information was permissible because defendant opened the door to it, and further information was necessary to correct the improper perception that defendant created through his testimony ( see People v. Breedlove, 61 A.D.3d 1120, 1122, 878 N.Y.S.2d 465 [2009], lv. denied 12 N.Y.3d 913, 884 N.Y.S.2d 694, 912 N.E.2d 1075 [2009] ).81 A.D.3d 1163After Dober testified that defendant regularly beat his daughter, defense counsel cross-examined Dober about her initial statements that defendant never laid a hand on ... ...
  • People v. Brown
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Octubre 2017
    ... ... Accordingly, County Court's denial of defendant's request for new counsel was not an abuse of discretion (see People v. Smith, 18 N.Y.3d at 593, 942 N.Y.S.2d 5, 965 N.E.2d 232 ; [61 N.Y.S.3d 720 People v. Linares, 2 N.Y.3d at 511, 780 N.Y.S.2d 529, 813 N.E.2d 609 ; People v. Breedlove, 61 A.D.3d 1120, 1121, 878 N.Y.S.2d 465 [2009], lv. denied 12 N.Y.3d 913, 884 N.Y.S.2d 694, 912 N.E.2d 1075 [2009] ). Defendant also contends that he was denied the effective assistance of counsel. Although this argument was preserved for our review by defendant's motion to withdraw his plea, we ... ...
  • People v. Carpenter
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Octubre 2011
    ... ... As for defendant's threats to kill Lascar's family, no objection was made to their admission. Thus, defendant's argument as to the admissibility of those statements is not preserved for our review ( see CPL 470.05[2]; People v. Breedlove, 61 A.D.3d 1120, 1122, 878 N.Y.S.2d 465 [2009], lv. denied 12 N.Y.3d 913, 884 N.Y.S.2d 694, 912 N.E.2d 1075 [2009] ). Defendant next contends that County Court erred in denying his motion to dismiss based on the People's failure to produce a video recording made by a different camera than the one ... ...
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