Case law

People v. Brown

63 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · May 9, 1978

This *585 effectively "sealed off the most likely avenue by which the assistance of counsel” might reach defendant (People v Townsend, 33 NY2d 37, 41 ).

Brown v. Robinson

173 A.D. 583 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1916

In Wetzlar v. Wood ( 143 App. … “In Mercantile Trust Co. v. Gimbernat ( 134 App. Div. 410 ), Wetzlar v. Wood (143 id. 311 ), and Otten v.

People v. Brown

57 A.D.2d 869 · Appellate Division of the Supreme Court of the State of New York · May 9, 1977

The mere fact that defendant was under the influence of drugs when he committed the crime to which he pleaded guilty does not suffice to exonerate him from criminal responsibility therefor (see People v Davis, 33 NY2d 221

Brown v. Fischer

89 A.D.3d 1407 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2011

Brown v. Congel

241 A.D.2d 880 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 1997

Knox, 233 AD2d 549, 550 , quoting Balsam v Delma Eng’g Corp., 139 AD2d 292, 296 , lv dismissed, lv denied 73 NY2d 783 ). … Lacking such duty, Hoyts cannot be held liable in negligence for plaintiff’s injuries (see, Zadarosni v F. & W. Restauranteurs, 192 AD2d 1051, 1052 ).

People v. Brown

78 A.D.3d 856 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2010

v Murrell, 73 AD3d 598 [2010], lv granted 15 NY3d 854 [2010]; People v Becker, 72 AD3d 1290 [2010]; People v Parisi, 72 AD3d 989 [2010], lv granted 15 NY3d 776 [2010]; People v Prendergast, 71 AD3d 1055 [2010], lv granted … 15 NY3d 855 [2010]; People v Tillman, 74 AD3d 1251 [2010]; People v Mendez, 73 AD3d 951 [2010]; People v Murrell, 73 AD3d 598 [2010]; People v Becker, 72 AD3d 1290 [2010]; People v Scalercio, 71 AD3d 1060 [2010]).

Brown v. State

56 A.D.2d 672 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 1977

The court attempts to fill in this important evidentiary deficiency by reference to the Noseworthy v City of New York (supra) rule. … (Nastasi v State of New York, 55 AD2d 724 .) The judgment should be reversed, and the claim dismissed.

People v. Brown

284 A.D.2d 191 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2001

Rodriguez, 50 NY2d 553 ; People v Di Lenola, 245 AD2d 1132 , lv denied 91 NY2d 1006 ; People v Brimage, 214 AD2d 454 , lv denied 86 NY2d 732 ). … To the extent the existing record permits review, we conclude that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714 ).

Brown v. Annucci

60 A.D.3d 1223 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2009

Contending, among other things, that DOCS miscalculated the aggregate maximum term associated with his 1993 and 1997 convictions and that the Board of Parole incorrectly established the date of his delinquency, petitioner … [2008]). *1225 We similarly find no error in the Board of Parole’s designation of August 19, 1996 as petitioner’s date of delinquency.

People v. Brown

33 A.D.2d 735 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1969

The burden of proof as to voluntariness of the statements in question was on the People (People v. Huntley, supra). … Any such objection now will not be entertained (People v. Ross, 21 N Y 2d 258).

Higuchi v. Brown

204 A.D.2d 452 · Appellate Division of the Supreme Court of the State of New York · May 9, 1994

However, there is sufficient evidence in the record to support the Family Court’s determination that such visitation would not be in the children’s best interest (see, Matter of Emanuel S. v Joseph E., 78 NY2d 178 ; Lo Presti … v Lo Presti, 40 NY2d 522 ).

People v. Brown

286 A.D.2d 340 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 2001

Jackson, 78 NY2d 900, 901 ; People v Vacante, 215 AD2d 414, 415 ; People v Laguer, 195 AD2d 483, 485 ). … , 244 AD2d 582 ; People v Sierra, 222 AD2d 216 ; People v Perez, 209 AD2d 643 ; People v Cole, 196 AD 2d 634 ).

People v. Brown

3 A.D.3d 593 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 2004

CPL 440.10 [2] [c]; People v Hemingway, 306 AD2d 689 [2003]; People v Magee, 263 AD2d 763, 766 [1999]). … Consequently, the judgment and order should be affirmed and counsel’s application to be relieved of the assignment should be granted (see People v Stokes, 95 NY2d 633 [2001]; People v Cruwys, 113 AD2d 979 [1985], lv denied

Brown v. Murphy

275 A.D.2d 931 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2000

The penalty of dismissal, however, is so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 234-235). … Thus, in the exercise of our discretion, we modify the determination, grant in part the petition, and reduce the penalty accordingly (see, Matter of Mitthauer v Patterson, 8 NY2d 37, 42 ; Matter of Suitor v Keller, supra)

People v. Brown

249 A.D.2d 320 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1998

(see, People v Ferrara, 220 AD2d 612 ; People v Rivera, 142 AD2d 614 ). … right to a fair trial (see, People v Cooper, 173 AD2d 551 ).

People v. Brown

160 A.D.2d 256 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

The period following his arrest on unrelated charges was excluded as he was unidentified due to his use of an alias upon his previous arrest (People v Rivera, 106 AD2d 278 ). … Nor did the court abuse its discretion in sentencing defendant (People v Farrar, 52 NY2d 302, 305-306 ).

People v. Brown

144 A.D.2d 373 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1988

was admissible (see, CPL 60.25; People v Nival, 33 NY2d 391 , appeal dismissed and cert denied 417 US 903 ; People v Jamerson, 117 AD2d 754 , affd 68 NY2d 984 ). … P., Brown, Sullivan and Harwood, JJ., concur.

Brown v. Carpenter

182 A.D. 650 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1918

Brown,” signed A. G. Plant & Co. Mr. … It was brought out on the examination'of one of the defendants before trial that the defendants claim to have sold the bonds purchased by Plant the next day after they were bought and that they treated this sale of Brown

People v. Brown

222 A.D.2d 445 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1995

Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ). … The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.

Brown v. Suggs

39 A.D.3d 395 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2007

action were previously dismissed in an order entered on defendant’s default, that order has preclusive effect since defendant deliberately refused to participate in the proceedings leading to the default dismissal (see Brown … v Suggs, 38 AD3d 329 [2007]; see also Matter of Abady, 22 AD3d 71, 84 [2005]).