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· 3/16/2022

Porges v. Weitz

Citations

  • 165 N.Y.S.3d 584
  • 205 A.D.3d 13
  • 2022 NY Slip Op 01823

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that this is test for determining whether there is substantial risk of miscarriage of justice
  • analyzing whether unpreserved possible Doyle issue created substantial risk of miscarriage of justice; no mention of Mahdi factors
  • limiting review to whether there was any error, and if so, whether that error created substantial risk of miscarriage of justice
  • setting forth factors applicable to standard of review for unpreserved errors in noncapital cases
  • “stalking by harassment and stalking by following are lesser included offenses of stalking by harassment in violation of a court order and stalking by following in violation of a court order, respectively”
  • appellate court considers whether “counsel’s failure to object was not simply a reasonable tactical decision” [citation omitted]

Source: CourtListener parenthetical corpus (CC0).

Judges: Zayas, J.

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.