Case law

People v. Brown

134 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.

People v. Brown

52 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]).

People v. Brown

40 A.D.2d 527 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1972

Unlike the facts in People v. Anderson (24 N Y 2d 12), it does not appear that defendant inadvertently dropped the package or that he would have retrieved it if the officer had not immediately interceded. … Under the circumstances, we do not consider that the police had thereby assumed the status of trespassers (see People v. Perez, 35 Misc 2d 461 ).

People v. Brown

23 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]).

People v. Brown

300 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2002

Washington, 284 AD2d 220 , lv denied 96 NY2d 925 ; People v Crisp, 246 AD2d 84, 86 , lv dismissed 93 NY2d 898 ). … Even if such allegations were true, this alone would not constitute ineffective assistance of counsel (see People v Rogers, 228 AD2d 623, 624 , lv denied 88 NY2d 993 ).

People v. Brown

223 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).

People v. Brown

224 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

People v. Brown

106 A.D.3d 756 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013

v Robinson, 95 AD3d 906 [2012]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). … Smith, 98 AD3d 533, 535 [2012]; People v Miller, 68 AD3d 1135 [2009]).

Wilson v. Brown

190 A.D. 926 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1919

People v. Brown

141 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.

People v. Brown

181 A.D.2d 615 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1992

not handcuffed or in any manner physically restrained by the two plainclothes officers who had apprehended him in the vicinity shortly after the incident was not made in unduly suggestive circumstances (see, e.g., People v … there was ample opportunity for independent source identification, as the eyewitness had observed defendant as he approached the victim, at close range during the robbery, and during the pursuit that followed (see, People v

Brown v. ComPany

118 A.D. 190 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1907

In Williams v. Montgomery ( 148 N. … See New York Security & Trust 0o. v, Mydenstéin (7Ó Hun, 216). — [Rep.

People v. Brown

277 A.D.2d 246 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 2000

Torpey, 63 NY2d 361, 367 ; People v Blyden, 55 NY2d 73 , 77-78 People v Davis, 248 AD2d 399 ). … Here, the juror’s responses, taken as a whole, established the necessary unequivocal declaration of impartiality (see, People v Torpey, supra; People v Blyden, supra).

People v. Brown

269 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000

v Giordano, 72 AD2d 550, 551 ; People v Niemczycki, 67 AD2d 442, 444-445 ). … That phrase may be stricken under the doctrine of sever-ability (see, People v Hansen, 38 NY2d 17, 21-22 ; People v Conte, supra, at 994 ).

People v. Brown

136 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1988

By order dated October 15, 1985, this court remitted the matter to Criminal Term for a hearing on the defendant’s speedy trial motion (People v Brown, 114 AD2d 418 ). … This satisfies the due diligence requirement of CPL 30.30 (4) (e) (cf, People v Orse, 118 AD2d 816, 818 ; People v Billups, 105 AD2d 795 ). Accordingly, the defendant’s speedy trial motion was properly denied.

Hayden v. Brown

2024 NY Slip Op 04251 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2024

Hayden v Brown ( 2024 NY Slip Op 04251 ) Hayden v Brown 2024 NY Slip Op 04251 Decided on August 21, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … substitute the executor of the estate of Ernestine Brown in place of Ernestine Brown in this action and to amend the caption accordingly.

People v. Brown

135 A.D.3d 783 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2016

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 May 20, 1991 (People v Brown, 173 AD2d 629 [1991 … 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]).

People v. Brown

249 A.D.2d 835 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1998

Contes, 60 NY2d 620, 621 , quoting Jackson v Virginia, 443 US 307, 319 [emphasis in original]). … Furthermore, it was not erroneous for County Court to deny his request to charge Penal Law § 20.10 as that statutory provision is inapposite to the subject factual situation (see, People v Manini, 79 NY2d 561 ).

People v. Brown

52 A.D.3d 204 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2008

Defendant did not preserve any of his other challenges to the court’s agency charge (see People v Hoke, 62 NY2d 1022 [1984]; People v Whalen, 59 NY2d 273, 280 [1983]; People v Newland, 300 AD2d 199, 200 [2002], lv denied … To the extent the prosecutor improperly bolstered a witness’s testimony and neglected to make a certain redaction from an audiotape, those errors were harmless (see People v Crimmins, 36 NY2d 230 [1975]).

People v. Brown

61 A.D.2d 1034 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1978

circumstances, Criminal Term should not have accepted the plea without inquiring further, or, at the very least, should have informed defendant that his version of the crime was inconsistent with his proffered plea (see People v … Beasley, 25 NY2d 483 ; People v Serrano, 15 NY2d 304 ).