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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.