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People v. Donovan

The People of the State of New York, Respondent, v. Dolores Donovan, Appellant

People v. Donovan, 451 N.E.2d 492 (N.Y. 1983)
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Court
New York Court of Appeals · State Highest Courts
Decided
June 7, 1983
Judges
Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons Concur
Citations
451 N.E.2d 49259 N.Y.2d 834464 N.Y.S.2d 7451983 N.Y. LEXIS 3163
Cited by 43

Opinion

OPINION OF THE COURT Memorandum.

The order of the Appellate Division should be affirmed.

The sentence imposed cannot be said to constitute cruel and unusual punishment as applied in light of the decisions of this court in People v Jones ( 39 NY2d 694 ) and People v Broadie ( 37 NY2d 100 , cert den 423 US 950 ) and of the Supreme Court in Hutto v Davis ( 454 US 370 ) and Rummel v Estelle ( 445 US 263 ).

Nor do defendant’s other contentions avail her. The claimed evidentiary errors were not objected to at trial and thus are not preserved for our review. Evidence corroborating an accomplice need only tend to connect the defendant to the crime so as reasonably to satisfy the jury that the accomplice is telling the truth (People v Glasper, 52 NY2d 970 ). Here the note in defendant’s possession and her concession that the accomplice returned to the garage and conversed with her while the sale to the undercover officer was being negotiated were sufficient to take the case to the jury.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed in a memorandum.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 43 cases

View all citing references →
1984: 31985: 31986: 51987: 61988: 101989: 31990: 41993: 31994: 11997: 11998: 12005: 12014: 12019: 119842026peak 1988 · 10

Relies on it most ⓘ

  1. People v. Thompson633 N.E.2d 1074 (N.Y. 1994)
  2. People v. Flores143 A.D.2d 840 (1988)
  3. People v. Terrell111 A.D.2d 1 (1985)
  4. People v. Lamberto151 A.D.2d 503 (1989)
  5. People v. George492 N.E.2d 767 (N.Y. 1986)
  6. People v. Texidor123 A.D.3d 746 (2014)

Most recent

  1. People v. Williams2019 NY Slip Op 151
  2. People v. Texidor123 A.D.3d 746 (2014)
  3. People v. Dann14 A.D.3d 795 (2005)
  4. People v. Williams176 Misc. 2d 451 (N.Y. Sup. Ct. 1998)
  5. People v. Jeffrey239 A.D.2d 953 (1997)
  6. People v. Thompson633 N.E.2d 1074 (N.Y. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Rummel v. Estelle, 445 U.S. 263 (1980) 1,942
Hutto v. Davis, 454 U.S. 370 (1982) 703
People v. Broadie, 332 N.E.2d 338 (N.Y. 1975) 367
People v. Glasper, 420 N.E.2d 80 (N.Y. 1981) 101
People v. Jones, 350 N.E.2d 913 (N.Y. 1976) 99
Broadie v. New York, 423 U.S. 950 (1975) 48

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