People v. Justice

Decision Date13 June 1994
Citation616 N.Y.S.2d 21,83 N.Y.2d 968
Parties, 639 N.E.2d 761 People v. Justice (John D.)
CourtNew York Court of Appeals Court of Appeals

Simons, J.

202 A.D.2d 981, 609 N.Y.S.2d 734

App.Div. 4, Erie 3/11/94

Denied.

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11 cases
  • Justice v. Graham
    • United States
    • U.S. District Court — Western District of New York
    • 30 de dezembro de 2010
    ...affirmed the judgment of conviction, and leave to appeal was denied. People v. Justice, 202 A.D.2d 981 (4th Dep't 1994); lv. denied, 83 N.Y.2d 968 (1994). B. Petitioner's Parole Violation Petitioner was released to parole supervision from the Wende Correctional Facility on September 9, 2005......
  • People v. Young, 2
    • United States
    • New York Supreme Court — Appellate Division
    • 13 de novembro de 1998
    ... ... In any event, there was no prejudice. The jury acquitted defendant of the theft and criminal possession of that knife ...         Defendant did not receive an increased sentence following retrial, and thus there is no presumption of vindictiveness (see, People v. Justice, 202 A.D.2d 981, 982, 609 N.Y.S.2d 734, lv. denied 83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761; United States v. Campbell, 5th Cir., 106 F.3d 64, 69; Knapp v. Leonardo, 2d Cir., 46 F.3d 170, 180, cert. denied 515 U.S. 1136, 115 S.Ct. 2566, 132 L.Ed.2d 818). The appropriate comparison is not ... ...
  • John D. Justice v. Evans
    • United States
    • New York Supreme Court — Appellate Division
    • 29 de maio de 2014
    ...and sentenced to an aggregate prison term of 13 1/3 to 40 years ( People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994] ). Petitioner was conditionally released to parole supervision in 2005, but he violated the conditions......
  • John D. Justice v. State
    • United States
    • New York Supreme Court — Appellate Division
    • 10 de abril de 2014
    ... ... JR., JJ.ROSE, J.        Appeal from an order of the Court of Claims (Collins, J.), entered June 13, 2013, which, among other things, granted defendant's motion for summary judgment dismissing the claim.        Claimant is an insanity acquittee who is also incarcerated ( see People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994];People v. Justice, 173 A.D.2d 144, 146, 579 N.Y.S.2d 502 [1991] ). In 2008, he brought this claim, sounding in negligence, alleging that, while he has been incarcerated, the ... ...
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