People v. Gayle
| Decision Date | 31 January 1991 |
| Citation | 567 N.Y.S.2d 207,77 N.Y.2d 838 |
| Parties | , 568 N.E.2d 656 People v. Gayle (Leslie) |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
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People v. Juan R.
... ... Corrigan, 139 A.D.2d 918, 527 N.Y.S.2d 907 (4th Dept.1988), app. den., 72 N.Y.2d 917, 532 N.Y.S.2d 851, 529 N.E.2d 181 (1988), a 15 month delay; People v. Gayle, 167 A.D.2d 927, 562 N.Y.S.2d 288 (4th Dept.1990), app. den., 77 N.Y.2d 838, 567 N.Y.S.2d 207, 568 N.E.2d 656 (1991), a 9 1/2 month delay ... The defendant alleges that his "dulled" memory constitutes actual prejudice even though he did not specify how a fresher, sharper memory ... ...
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People v. Terborg
... ... Tineo, 64 N.Y.2d 531, 537, 490 N.Y.S.2d 159, 479 N.E.2d 795 [1985] ; People v. Gayle, 167 A.D.2d 927, 927, 562 N.Y.S.2d 288 [4th Dept. 1990], lv denied 67 N.Y.S.3d 732 77 N.Y.2d 838, 567 N.Y.S.2d 207, 568 N.E.2d 656 [1991] ).We reject defendant's further contention in his main and pro se supplemental briefs that Supreme Court (Renzi, J.) abused its discretion in refusing to recuse ... ...
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People v. Ashraf
... ... denied 76 N.Y.2d 855, 560 N.Y.S.2d 995, 561 N.E.2d 895) ... The court did not abuse its discretion in refusing defendant's request, made on the eve of trial, to retain new counsel (see, People v. Tineo, 64 N.Y.2d 531, 536, 537, 490 N.Y.S.2d 159, 479 N.E.2d 795; People v. Gayle, 167 A.D.2d 927, 562 N.Y.S.2d 288, lv. denied 77 N.Y.2d 838, 567 N.Y.S.2d 207, 568 N.E.2d 656) ... We reject defendant's contention that the court should have charged assault in the third degree as a lesser included offense. That offense is not a lesser included offense of ... ...
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People v. Dillard, 00-02057
... ... We reject the contention of defendant that his ability to defend himself against the charges was compromised because of preindictment delay (see, People v Taranovich, supra, at 447; People v Gayle, 167 A.D.2d 927, 928, lv denied 77 N.Y.2d 838). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Herkimer County Court, Kirk, J. - Assault, 2nd Degree.) ... (Filed Nov. 9, ... ...