People v. Miller
Decision Date | 16 July 2013 |
Citation | 21 N.Y.3d 1018,994 N.E.2d 396,971 N.Y.S.2d 500 |
Parties | People v. Patrick Miller |
Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
County Ct., 10/19/2012 (Monroe)
Denied.
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Miller v. Warden of Sing Sing Corr. Facility, 13-cv-4576 (BMC)
... ... Here, the defendant's conduct subsequent to the making of his pro se motion evinces his satisfaction with counsel and an abandonment of his unresolved constitutional application." People v. Miller , 102 A.D.3d 813, 814, 957 N.Y.S.2d 890 (2d Dep't) (citations and internal quotation marks omitted), leave to app. denied , 21 N.Y.3d 1017, 971 N.Y.S.2d 500 (2013). New York's doctrine of abandonment constitutes a procedural bar to addressing petitioner's constitutional claim on federal ... ...
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People v. Lundy, 1030
... ... Jackson, 108 A.D.3d 1079, 1080, 968 N.Y.S.2d 789 [4th Dept. 2013], lv denied 22 N.Y.3d 997, 981 N.Y.S.2d 2, 3 N.E.3d 1170 [2013] [internal quotation marks omitted]; see People v. Miller, 104 A.D.3d 1223, 12231224, 960 N.Y.S.2d 584 [4th Dept. 2013], lv denied 21 N.Y.3d 1017, 971 N.Y.S.2d 500, 994 N.E.2d 396 [2013] ). Finally, the sentence imposed is not unduly harsh or ... ...
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People v. Kessler
... ... We conclude that the prosecutor's remark did not exceed the bounds of legitimate advocacy (People v. Miller, 104 A.D.3d 1223, 1224, 960 N.Y.S.2d 584, lv. denied 21 N.Y.3d 1017, 971 N.Y.S.2d 500, 994 N.E.2d 396 ). We further conclude that the failure of defense counsel to object to the comment did not constitute ineffective assistance of counsel (cf. People v. Fisher, 18 N.Y.3d 964, 967, 944 N.Y.S.2d 453, ... ...
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People v. Green
... ... Jackson, 108 A.D.3d 1079, 1080, 968 N.Y.S.2d 789 (4th Dept. 2013), lv denied 22 N.Y.3d 997, 981 N.Y.S.2d 2, 3 N.E.3d 1170 [2013] ; People v. Miller, 104 A.D.3d 1223, 12231224, 960 N.Y.S.2d 584 (4th Dept. 2013), lv. denied 21 N.Y.3d 1017, 971 N.Y.S.2d 500, 994 N.E.2d 396 [2013] ; People v. South, 233 A.D.2d 910, 910, 649 N.Y.S.2d 553 (4th Dept. 1996), lv denied 89 N.Y.2d 989, 656 N.Y.S.2d 747, 678 N.E.2d 1363 [1997] ). We reject defendant's ... ...
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