Case law

People v. Brown

93 A.D.3d 580 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2012

Trebach v. Brown

250 A.D.2d 449 · Appellate Division of the Supreme Court of the State of New York · May 14, 1998

Henriques, 78 NY2d 255, 259 ; Young v New York City Health & Hosps. … Corp., 91 NY2d 291, 297 ; see also, Merriman v Sherwood, 204 AD2d 998, 998-999 ; Ia zzetta v Vicenzi, 200 AD2d 209 , lv dismissed 85 NY2d 857 ).

People v. Brown

161 A.D.2d 721 · Appellate Division of the Supreme Court of the State of New York · May 21, 1990

Stewart, 144 AD2d 601 ; People v Ingram, 110 AD2d 852 ; People v Fleming, 109 AD2d 848 ; cf., People v Jackson, 159 AD2d 640 ). … , 48 NY2d 543 ; People v Jackson, supra).

Brown v. Willard

278 A.D. 728 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1951

(Furlong v. Winne & McKain Go., 166 Ápp. Div. 882 [3d dept.].) But here the mare was not on a public way or street. … (Benoit v. Troy & Lansingburgh plaintiff is the result of a tendency to run away or to knock down people B. B. Co., 154 N. Y. 223 .)

Campbell v. Brown

268 A.D. 324 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1944

The defendants, Gertrude Brown and Duncan M. … The court annuls conclusion of law numbered V contained in the referee’s decision. The court makes the following additional findings of fact: 1.

Negros v. Brown

15 A.D.3d 994 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 2005

Kassim v City of New York, 256 AD2d 386 [1998]). … There are thus “issues of fact concerning whether [Schmigiel] was negligent in his operation of [the] vehicle [owned by Brown] and whether such negligence was a proximate cause of plaintiffs injuries]” (Zielinski v Van Pelt

People v. Brown

144 A.D.2d 975 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1988

(People v Clinkscales, 134 AD2d 889 , lv denied 70 NY2d 1005 ). … A prosecutor has broad discretion whether to grant permission to enter a lesser plea (see, People v Esajerre, 35 NY2d 463, 466-467 ) and may, if he so chooses, withdraw a prior plea offer (People v Pena, 50 NY2d 400, 411

People v. Brown

161 A.D.2d 778 · Appellate Division of the Supreme Court of the State of New York · May 29, 1990

Innis, 446 US 291 ; People v Ferro, 63 NY2d 316, 321 ). … Mangano, P.J., Brown, Sullivan and Balletta, JJ., concur.

People v. Brown

158 A.D.2d 461 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1990

Kurtz, 51 NY2d 380, 384 , cert denied 451 US 911 ; People v Benham, 160 NY 402, 434 ). … v Brown, 104 AD2d 696 ; People v Parker, 97 AD2d 620 ).

People v. Brown

52 A.D.3d 301 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2008

withdraw his guilty plea, and his request for the assignment of new counsel in connection with the motion, after sufficient inquiry wherein defendant was afforded a reasonable opportunity to present his contentions (see People v … Furthermore, there was no factual dispute requiring a hearing, or any further inquiry, as to whether defendant violated the terms of his plea agreement (see People v Valencia, 3 NY3d 714 [2004]).

People v. Brown

30 A.D.3d 609 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2006

Holt, 67 NY2d 819, 821 [1986] [internal quotation marks omitted]; see People v Jack, 74 NY2d 708 [1989]; People v Costales, 87 AD2d 635 [1982]). … This error warrants reversal, as the evidence of the defendant’s guilt was not overwhelming (see generally People v Klemm, 124 AD2d 826, 827 [1986]; People v Ciesluk, 106 AD2d 514 [1984]; People v Knowell, 94 AD2d 255, 259

People v. Brown

104 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

Wells, 101 AD3d 1250, 1255 [2012]; People v Singh, 16 AD3d 974, 978 [2005], lv denied 5 NY3d 769 [2005]; People v Miller, 291 AD2d 929, 929 [2002], lv denied 98 NY2d 712 [2002]). … It is well settled that defense counsel is not ineffective for failing to bring a motion that would have had little or no chance of success (see generally People v Caban, 5 NY3d 143, 152 [2005]; People v Medaro, 277 AD2d

People v. Brown

115 A.D.2d 610 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1985

Accordingly, there was an insufficient foundation for the admission of the evidence (see, People v Julian, 41 NY2d 340 , 342-343). … defendant, "there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred” (People v

People v. Brown

133 A.D.2d 464 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1987

not be disturbed as it is supported by the record (see, People v Gee, 104 AD2d 561 ). … J., Mangano, Brown and Lawrence, JJ., concur.

Brown v. Moore

116 A.D.2d 614 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1986

Corporation (MVAIC) is also a defendant here, having intervened in this action, does not affect defendant Moore’s right to have plaintiffs action against her dismissed on the ground of collateral estoppel (see, e.g., Greenspan v … Doldorf, 87 AD2d 884; Matter of Wallace v MVAIC, 25 NY2d 384; Schwartz v Public Administrator of County of Bronx, 24 NY2d 65, 71 ).

People v. Brown

302 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2003

(see People v Thompson, 72 NY2d 410, 415-416 ; People v Thompson, 158 AD2d 563 ; People v Gonzalez, 136 AD2d 735 ). … NY2d 10, 16 ; People v Rice, 75 NY2d 929, 931 ).

Coon v. Brown

192 A.D.2d 908 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1993

While the medical reports are hearsay (see, Rapp v Suriano, 162 AD2d 837, 838 ), we note in passing that they do not contradict Gilsdorf s conclusion that any finding of disability by plaintiff is based solely on her subjective … Such a condition is insufficient to constitute a serious injury for purposes of Insurance Law § 5102 (d) (see, Short v Shawn, 188 AD2d 815 ; see also, Licari v Elliott, 57 NY2d 230, 236 ; Gaddy v Eyler, 167 AD2d 67, 72 ,

People v. Brown

146 A.D.2d 793 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1989

858 ; People v Sanders, 79 AD2d 688 ; People v Crespo, 70 AD2d 661 ). … lv denied 71 NY2d 966 ; People v Bratescu, 115 AD2d 655 ; People v Ores, 108 AD2d *794 931 ).

People v. Brown

47 A.D.2d 567 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1975

People v. Brown

44 A.D.2d 769 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1974

When a defendant demands a hearing pursuant to People v. … made any statement to the police, in view of his testimony as to brutality he “was entitled to full inquiry into the voluntary nature of his purported confession even though he denied having made any confession” (People v.