People v. Harris

Decision Date07 November 1985
Parties, 489 N.E.2d 779 People v. Harris (Jean S.)
CourtNew York Court of Appeals Court of Appeals

Kaye, J.

App.Div. 2, Westchester 7/8/85

Denied.

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23 cases
  • Moseley v. Scully
    • United States
    • U.S. District Court — Eastern District of New York
    • 10 November 1995
    ... ... the New York Law Journal, the 1964 murder of Katherine "Kitty" Genovese ("Genovese") in Queens, New York "symbolized urban apathy since 38 people heard her screams but did nothing." N.Y.L.J., July 25, 1995, at 1, col. 1. This Court is now called upon to decide whether it should grant the plea ... Indeed, in People v. Harris, 109 A.D.2d 351, 491 N.Y.S.2d 678 (2d Dep't 1985), appeal denied, 66 N.Y.2d 919, 489 N.E.2d 779, 498 N.Y.S.2d 1034 (1985), the Appellate Division ... ...
  • Hogan v. West
    • United States
    • U.S. District Court — Western District of New York
    • 21 September 2006
    ... ... The Appellate Division, Fourth Department, of New York State Supreme Court unanimously affirmed his conviction. People v. Hogan, 292 A.D.2d 834, 739 N.Y.S.2d 311 (App. Div. 4th Dept.2002). The New York Court of Appeals denied leave to appeal. People v. Hogan, 98 ... constitutes an `independent' state ground, even though the court spoke to the merits of Garcia's claim in an alternative holding[.]") (citing Harris v. Reed, 489 U.S. 255, 263, 264 n. 10, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989)); see also Wainwright v. Sykes, 433 U.S. at 86, 97 S.Ct. 2497 ... ...
  • Alston v. Donnelly
    • United States
    • U.S. District Court — Western District of New York
    • 21 November 2006
    ... ... That court unanimously affirmed the conviction. People v ... Page 120 ... Alston, 275 A.D.2d 997, 714 N.Y.S.2d 252 (App.Div. 4th Dept.2000). Leave to appeal to the New York Court of Appeals was ... Harris v. Reed, 489 U.S. 255, 262, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) ...         Alston has alleged neither cause for, nor prejudice that ... ...
  • Stephanski v. Superintend., Upstate Correct. Fac.
    • United States
    • U.S. District Court — Western District of New York
    • 18 May 2006
    ... ... was deemed exhausted and procedurally defaulted because it did not fall within any of the exceptions noted by the New York courts) (citing People v. Harris, 109 A.D.2d 351, 491 N.Y.S.2d 678, 687 (2d Dept.1985)) (trial record insufficient to resolve ineffective assistance claim), appeal ... ...
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