· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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