People v. Shaw

Decision Date18 December 2019
CitationPeople v. Shaw, 34 N.Y.3d 1081, 139 N.E.3d 822(Table), 116 N.Y.S.3d 164(Table) (N.Y. 2019)
Parties PEOPLE v. SHAW (David)
CourtNew York Court of Appeals Court of Appeals
APPLICATION IN CRIMINAL CASE FOR LEAVE TO APPEAL

Dismissed. (Feinman, J.).

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3 cases
  • People v. Stetin
    • United States
    • New York Supreme Court — Appellate Division
    • 18 Marzo 2021
    ...661, 130 N.E.3d 1271 [2019] ; see People v. Shaw, 174 A.D.3d 1036, 1037–1038, 103 N.Y.S.3d 701 [2019], lv dismissed 34 N.Y.3d 1081, 116 N.Y.S.3d 164, 139 N.E.3d 822 [2019] ). As relevant here, "[w]ith respect to recantation evidence, the defendant bears the burden of rebutting the presumpti......
  • People v. Cole
    • United States
    • New York Supreme Court — Appellate Division
    • 22 Junio 2023
    ...not be disturbed absent an abuse of discretion" (People v Shaw, 174 A.D.3d 1036, 1038 [3d Dept 2019] [citation omitted], lv dismissed 34 N.Y.3d 1081 [2019]). Addressing each allegation of ineffective counsel as set forth in defendant's motion, namely, that trial counsel failed to investigat......
  • People v. Simpson
    • United States
    • New York Court of Appeals Court of Appeals
    • 20 Diciembre 2019