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270 A.D.2d 917 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2000
Smith, 63 NY2d 41, 68 , cert denied 469 US 1227 , reh denied 471 US 1049 ; People v Martuzas, 224 AD2d 928, 929 , Iv denied 88 NY2d 881 ). … Gray, 86 NY2d 10, 19 ; People v Gallow, 171 AD2d 1061 , lv denied 77 NY2d 995 ).
Cited 5 timesPublished256 A.D. 991 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1939
(Warschauser v. Brooklyn Furniture Co., 159 App. Div. 81 .) It also alleges one or more acts of assault. … (Schloendorff v. New York Hospital, 211 N. Y. 125 .) There may be an assault without the striking of a blow or other physical contact. (Liebstadter v. Federgreen, 80 Hun, 245 ; Hawkins v. Kuhne, 153 App. Div. 216 .)
Cited 3 timesPublished86 A.D. 76 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903
Fillmore Brown, being duly sworn, says- that he is the agent of Elizabeth T. … Judge Martin, in writing the opinion of the court, said: “ In the case of Palmer v.
Cited 4 timesPublished98 A.D.3d 1323 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2012
Cited 0 timesPublished31 A.D. 67 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898
Brown, in his transactions, used the first personal pronoun, I or my, it meant Mary Brown, the defendant, and not Sylvanus D. Brown. That was objected to, and the defendant’s counsel excepted. … Brown was never known in the matter until papers were brought with her name upon them ; and that the title to the property being in the name of Mary Brown, S. D.
Cited 3 timesPublished79 A.D.3d 1142 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2010
Romero, 7 NY3d 911 [2006]; People v Dien, 77 NY2d 885 [1991]; People v Brewster, 69 AD3d 750 [2010]). … Halm, 81 NY2d 819, 821 [1993]; People v Galloway, 54 NY2d 396, 399 [1981]; People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Torres, 71 AD3d 1063 [2010]; People v Turner, 214 AD2d 594 [1995]).
Cited 4 timesPublished47 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1975
People v Crimmins, 36 NY2d 230 ). Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Shapiro, JJ., concur.
Cited 2 timesPublished107 A.D.3d 499 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2013
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). … This did not meet defendant’s burden of showing that the proposed spectators were “linked to him by some tie of more significance than ordinary friendship” (see People v Nazario, 4 NY3d 70, 74 [2005]), and there was no need
Cited 2 timesPublished71 A.D.3d 1316 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2010
Gill v Greene ( 12 NY3d 1 [2009], cert denied sub nom. Gill v Rock, 558 US —, 130 S Ct 86 [2009]). Petitioner now appeals. … James, 66 AD3d 1096, 1097 [2009]; Matter of Dalton v James, 66 AD3d 1095, 1096 [2009]).
Cited 1 timesPublished10 A.D. 444 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1896
(See Brown v. Barse, 3 App. Div. 257 .) The defendant was not present at the trial under review upon this appeal. … (Bleecker v. Johnston, 69 N. Y. 309 ; Wylde v. Northern. R. R. Co. of N. J., 53 id. 156, and see Woodruff v. Hurson, 32 Barb. 564 .) This was attempted in the present case by the examination of Mr. William H.
Cited 3 timesPublished134 A.D.3d 554 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 2015
Defendant’s unpreserved challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review them in the interest … Unlike the situation in People v Mox ( 20 NY3d 936 [2012]), there was nothing in the plea allocution that triggered a duty to inquire into an potential psychiatric defense.
Cited 0 timesPublished52 A.D.3d 1175 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2008
Although the officer’s question was “reasonably likely to elicit an incriminating response” and thus constituted interrogation (Rhode Island v Innis, 446 US 291, 301 [1980]; see People v Paulman, 5 NY3d 122, 129 [2005]), … People v Kittell, 135 AD2d 1021, 1022 [1987]; see generally People v Huffman, 41 NY2d 29 , 33 [1976]).
Cited 6 timesPublished23 A.D.3d 1090 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005
We reject that contention (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). … Similarly, the spontaneous statements thereafter made by defendant also are not subject to suppression (see generally People v Boyd, 21 AD3d 1428 [2005]; People v Elmore, 19 AD3d 1046 [2005]).
Cited 10 timesPublished269 A.D.2d 761 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000
Memorandum: Plaintiffs appeal from an order granting the motion of Murray Brown, *762 Winston Chang, Michael Gort, Nagesh Revankar and Paul Zarembka (defendants) for summary judgment dismissing the complaint against them. … Collins, 111 NY 143, 150 ; see, Stukuls v State of New York, 42 NY2d 272, 279 ).
Cited 19 timesPublished223 A.D.2d 597 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1996
see, People v Hawkins, 210 AD2d 504 ; People v Vickers, 177 AD2d 608 ). … Ramos, 215 AD2d 785 ; People v Hawkins, supra).
Cited 8 timesPublished261 A.D.2d 410 · Appellate Division of the Supreme Court of the State of New York · May 3, 1999
Cook, 93 NY2d 840 ; People v George, 197 AD2d 588 ). … The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ; see also, People v Davis, 238 AD2d 517 ).
Cited 5 timesPublished11 A.D.3d 474 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 2004
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a.decision and order of this Court dated August 11, 2003 (People v Brown, 307 AD2d 973 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).
Cited 7 timesPublished224 A.D.2d 226 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 1996
, convicting defendant, after a jury trial, of robbery in the first degree and grand larceny in the fourth degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life and V-lz … did] not define the offenses involved in such a way as to make an acquittal of one crime conclusive as to a necessary element of [the] second crime for which a guilty verdict was rendered, there is no repugnancy” (People v
Cited 4 timesPublished18 A.D.3d 815 · Appellate Division of the Supreme Court of the State of New York · May 31, 2005
Brown appeals, as limited by her notice of ap *816 peal and brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 19, 2004, as denied that branch of her cross motion which was for summary … Auth., 273 AD2d 200 [2000]; Greene v Miranda, 272 AD2d 441 [2000]; Arshad v Gomer, 268 AD2d 450 [2000]; Bennett v Reed, 263 AD2d 800 [1999]; DiNunzio v County of Suffolk, 256 AD2d 498, 499 [1998]).
Cited 5 timesPublished141 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1988
Viewing the evidence in the light most favorable to the prosecution (CPL 330.30; People v Carter, supra; People v Contes, 60 NY2d 620, 621 ), we find that it was legally sufficient to establish the defendant’s guilt beyond … P., Brown, Weinstein and Rubin, JJ., concur.
Cited 13 timesPublished
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