Case law

Brown v. Muniz

13 N.Y.3d 715 · New York Court of Appeals · Jan 14, 2010

13 N.Y.3d 715 (2010) 895 N.Y.S.2d 315 BROWN v. MUNIZ. Mo. No. 2009-1251. Court of Appeals of New York. January 14, 2010. Motion for leave to appeal denied.

Gress v. Brown

20 N.Y.3d 957 · New York Court of Appeals · Dec 13, 2012

In Solnick v Whalen ( 49 NY2d 224 [1980]), we established that the statute of limitations in an action for a declaratory judgment is determined “by reference to the gravamen of the claim or the status of the defendant party

People v. Brown

17 N.Y.3d 742 · New York Court of Appeals · Jun 7, 2011

Defendant Jazzmone Brown was convicted, after a jury trial, of murder in the second degree and other crimes, for the shooting of Salomon DeJesus, in Buffalo in 2002. … In this case defendant failed to meet his burden of demonstrating a lack of strategic or other legitimate reasons for his defense lawyer’s failure to object (People v Rivera, 71 NY2d 705, 709 [1988]).

People v. Brown

7 N.Y.3d 880 · New York Court of Appeals · Nov 20, 2006

as to the elements of the crimes, did not commit a “mode of proceedings” error that went to the essential validity of the process and was so fundamental that the entire trial is irreparably tainted (see generally People v … Because defendant failed to object before the trial court, his claim is unpreserved for our review (see People v Gray, 86 NY2d 10 [1995]).

People v. Brown

97 N.Y.2d 500 · New York Court of Appeals · Mar 19, 2002

United States v Boissoneault, 926 F2d 230, 233 [2d Cir 1991]). … We next turn to defendant’s Batson contention (see Batson v Kentucky, 476 US 79 [1986]).

People v. Brown

96 N.Y.2d 80 · New York Court of Appeals · Mar 27, 2001

The constitutionality of a plain view seizure “must turn on the legality of the intrusion that enables [police] to perceive and physically seize the property in question” (Texas v Brown, 460 US 730, 737 ). … (Ala Crim App 1983); Commonwealth v Casuccio, 308 Pa Super 450, 465-471, 454 A2d 621, 629-631 (1982); State v Sagner, 12 Ore App 459, 470-473, 506 P2d 510, 516-517 (1973); see also, United States v Brown, supra, 984 F2d

MATTER OF SILMON v. Travis

95 N.Y.2d 470 · New York Court of Appeals · Nov 28, 2000

The Board denied parole. … Thus, there is a strong rehabilitative component in the statute that may be given effect by considering remorse and insight (see, e.g., Matter of Dudley v Brown, 227 AD2d 863 [lack of remorse and prior mental illness history

People v. Brown

98 N.Y.2d 226 · New York Court of Appeals · May 2, 2002

The People impeached Brown with representations his attorney made at a pretrial Sandoval hearing concerning Brown’s intended trial testimony. … FACTS People v Brown Brown was convicted, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]).

Meegan v. Brown

16 N.Y.3d 395 · New York Court of Appeals · Mar 29, 2011

Accordingly, the order of the Appellate Division should be reversed, with costs, the amended petitions in Matter of Meegan v Brown and Matter of Foley v Brown dismissed, and judgment granted to defendants in Buffalo Teachers … Federation, Inc. v Buffalo Board of Education for City School District of City of Buffalo declaring in accordance with this opinion. *404 Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones concur.

People v. Brown

80 N.Y.2d 361 · New York Court of Appeals · Nov 19, 1992

The stolen vehicle, with defendant Brown at the wheel, was stopped for a red traffic light on 40th Street, a short distance from its intersection with Avenue of the Americas. … People v Truesdell, 70 NY2d 809, 811 ; People ex rel.

People v. Brown

80 N.Y.2d 729 · New York Court of Appeals · Feb 18, 1993

Defendant notes that this Court, in developing its excited utterance exception to the hearsay rule, has accepted Dean Wigmore’s analysis (see, e.g., People v Brown, 70 NY2d 513, 518 ; People v Marks, 6 NY2d 67, 71-72 ). … Brown, 70 NY2d 513, 518 , supra).

Williamson v. . Brown

15 N.Y. 354 · New York Court of Appeals · Jun 5, 1857

The cases in our own courts, since Dey v. Dunham and Jackson v. Van Valkenburgh ( supra ), hold substantially the same doctrine. ( Tuttle v. Jackson, 6 Wend., 213 ; Jackson v. Post, 15 Wend., 588 ; Grimstone v. … In Whitbread v.

People v. . Brown

72 N.Y. 571 · New York Court of Appeals · Feb 19, 1878

(Brandon v. The People, 42 N. Y., 265 -268; 1 Green. on Ev., §§ 456, 461.) … (Cloyes v. Thayer, 3 Hill, 564 ; Southard v. Rexford, 6 Cow., 254 , and cases cited.) The party cannot avail himself of an error in allowing or refusing the privilege.

Brown v. Shyne

242 N.Y. 176 · New York Court of Appeals · Feb 24, 1926

The public health laws of this State prescribe that no person shall practice medicine unless he is licensed so to do by the Board of Regents of this State and registered pursuant to statute * * *. … It is said that in the case of Karpeles v. Heine ( 227 N.

Brown v. . Bowen

30 N.Y. 519 · New York Court of Appeals · Jun 5, 1864

’ mills are located, and something was said in presence of *540 Bowen, about Brown having bought the land. … (Wendell v. Van Rensselaer, 1 J. C. R. 344; Town v. Needham, 3 Paige, 545 ; Storrs v. Barker, 6 J. C. R. 166; Thompson v. Blanchard, 4 N. Y. 303 .)

People v. Brown

70 N.Y.2d 513 · New York Court of Appeals · Nov 19, 1987

He then said that "Carlton Brown, Killer, a Jamaican, and Trevor Campbell shot me”. … (People v Edwards, supra, at 498-499 ; People v Marks, supra, at 73-77 ; see also, State v Berry, 241 Iowa 211 , 40 NW2d 480 [murder observer’s answer to interrogation]; People v Damen, 28 111 2d 464, 193 NE2d 25 [rape victim

Baldwin v. . Brown

16 N.Y. 359 · New York Court of Appeals · Dec 5, 1857

In Jackson v. … In Jackson v. Bowen (1 Caine, 358), it was thirty-six years; in Jackson v. Dysling (2 id,, 198), forty years; in Jackson v. Vedder ( 3 John., 8 ), the same; in Jackson v.

Brown v. . Leavitt

31 N.Y. 113 · New York Court of Appeals · Jan 5, 1865

(Bank of Salina v. Babcock, 21 Wend., 499 ; Bank of St. Albans v. Gilleland, 23 id., 311; Bank of Sandusky v. Scoville, 24 id., 115; White v. Springfield Bank, 3 Sandf. S. C., 222; Young v. Lee, 18 Barb., 188 ; S. … C. affirmed, 2 Kern., 534; Stetthein, v . Meyer, 33 Barb., 215 ; Mohawk Bank v. Corey, 1 Hill, 515 ; Meads v. Bank of Albany, 25 N. Y., 149 ; Stalker v. McDonald, 6 Hill, 93 .)

Kitching v. . Brown

180 N.Y. 414 · New York Court of Appeals · Feb 21, 1905

(Reynolds v. Commerce Fire Ins. Co., 47 N. Y. 597 -605; Collender v. Dinsmore, 55 id. 200.) … (Smith v. Kerr, 108 N. Y. 31 -37; Springsteen v. Samson, 32 id. 703; Evansville Nat. Bk. v. Kaufmann, 93 id. 273-281; Merriam v. U. S., 107 U. S. 437 .)

Brown v. . Gallaudet

80 N.Y. 413 · New York Court of Appeals · Apr 6, 1880

Smith, 285; Halsey v. Carter, 1 Duer, 667 ; McIntyre v. N. Y. C. R. R. Co., 43 Barb., 533 .) It was not in the power of Gallaudet, by bringing the first action, to disable Brown from suing him. … jury, the credits to Brown were not embraced.