People v. Miller

Decision Date16 July 2013
Citation21 N.Y.3d 1018,994 N.E.2d 396,971 N.Y.S.2d 500
PartiesPeople v. Patrick Miller
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

County Ct., 10/19/2012 (Monroe)

Lippman, C.J.

Denied.

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5 cases
  • Miller v. Warden of Sing Sing Corr. Facility, 13-cv-4576 (BMC)
    • United States
    • U.S. District Court — Eastern District of New York
    • July 20, 2018
    ... ... 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 ... ...
  • People v. Lundy, 1030
    • United States
    • New York Supreme Court — Appellate Division
    • October 5, 2018
    ... ... 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 ... ...
  • People v. Kessler
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2014
    ... ... 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, ... ...
  • People v. Green
    • United States
    • New York Supreme Court — Appellate Division
    • January 31, 2020
    ... ... 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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