People v. Crawford
| Decision Date | 09 December 2008 |
| Citation | 11 N.Y.3d 896,901 N.E.2d 766 |
| Parties | PEOPLE v. CRAWFORD (BRANDON). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from 4th Dept.: 55 A.D.3d 1335, 864 N.Y.S.2d 820 (Erie).
Application for leave to criminal appeal Denied. (Smith, J.).
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6 cases
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People v. Lawrence
... ... Generally, as a matter of due process, an offender may not be sentenced on the basis of materially untrue assumptions or misinformation, and the sentencing court must be assured that the information upon which it bases the sentence is reliable and accurate (People v. Crawford, 55 A.D.3d 1335, 1336, 864 N.Y.S.2d 820, lv. denied 11 N.Y.3d 896, 873 N.Y.S.2d 272, 901 N.E.2d 766 [internal quotation marks omitted]; see People v. Naranjo, 89 N.Y.2d 1047, 1049, 659 N.Y.S.2d 826, 681 N.E.2d 1272 ). Here, the court properly relied on defendant's criminal history as contained in ... ...
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People v. Flanders
... ... Although the published decision in Boykins does not address the particular facts of the crimes, [w]e can and do take judicial notice of the record on appeal in that case ( People v. Hill, 30 A.D.2d 976, 976, 294 N.Y.S.2d 597;see People v. Crawford, 55 A.D.3d 1335, 1337, 864 N.Y.S.2d 820,lv. denied11 N.Y.3d 896, 873 N.Y.S.2d 272, 901 N.E.2d 766). In Boykins, the defendant was charged with one count of attempted murder, but the evidence established that there were two distinct shooting incidents directed at the victim. The first occurred when ... ...
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People v. Lugo
... ... denied 95 N.Y.2d 864, 715 N.Y.S.2d 218, 738 N.E.2d 366). Defendant contends that the admission in evidence of his codefendant's statements to the victims through their testimony and the recording of the 911 call violated his right of confrontation under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177, inasmuch as the codefendant did not testify. We reject that contention because the codefendant's statements were not themselves testimonial in nature ( People v. Robles, 72 A.D.3d 1520, 1521, 899 N.Y.S.2d 780, lv. denied 15 N.Y.3d 777, ... ...
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People v. Pitcher
... ... People v. Gabbidon, 96 A.D.3d 1235, 1236, 946 N.Y.S.2d 899 ). Consequently, "the record supports the court's determination that defendant's level of cooperation in the trial of [his codefendant] was insufficient" ( People v. Crawford, 55 A.D.3d 1335, 1336, 864 N.Y.S.2d 820, lv. denied 11 N.Y.3d 896, 873 N.Y.S.2d 272, 901 N.E.2d 766 ). Defendant further contends that he was denied effective assistance of counsel because defense counsel did not file certain motions and was late in arriving in court at times. Defendant's ... ...
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