People v. Graham’s Empirical Analysis

Citation profile

3 federal appellate · 5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “was the conviction for first degree manslaughter, which was all that was before us. The State also argues that the Appellate Division's holding that its first ruling was an acquittal was based on a misperception of federal law rather than an application of state law. Even if the point were relevant, we see no basis for the State's contention; in any event the Court of Appeals has expressly ruled that the portion of the order relating to the charge of murder in the second degree”

   1 later decision quote this exact passage
   e.g. Graham v. Smith

2. “provision of the Constitution was clearly violated by defendant's retrial on the charge of murder in the second degree since the earlier decision of this court (20 A.D.2d 949, 249 N.Y.S.2d 97), modifying the judgment so as to convict him of manslaughter in the first degree, and the subsequent denial of leave to appeal to the Court of Appeals, had the same finality as that of a verdict of acquittal of the greater charge.”

   1 later decision quote this exact passage
   e.g. Graham v. Smith