· 9/18/1987
England v. Gradowitz Bros. Realty Corp.
Citations
- 137 Misc. 2d 21
- 519 N.Y.S.2d 784
- 1987 N.Y. Misc. LEXIS 2579
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that we place “a heavy thumb on the scale in favor of the verdict” in reviewing preserved sufficiency-of-the-evidence challenges
- describing the standard as placing a “heavy thumb on the scale in favor of the verdict”
- “Preserved challenges to the sufficiency of the evidence get de novo review, with a heavy thumb on the scale in favor of the verdict.”
- “We need not consider Cabello’s coercion challenge to his Allen charge because he waived it.”
- “Forfeiture is the failure to make the timely assertion of a right. Waiver, in contrast, is the intentional relinquishment or abandonment of a known right.”
- explaining plain-error review applies to forfeitures, not waivers
Source: CourtListener parenthetical corpus (CC0).
Judges: Tompkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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