Case law

Brown v. Hoffman

167 A.D. 897 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1915

People v. Brown

87 A.D.3d 1414 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2011

Meegan v. Brown

87 A.D.3d 1415 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2011

Gress v. Brown

86 A.D.3d 933 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2011

People v. Brown

103 A.D.3d 912 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2013

v Gray, 86 NY2d 10, 19 [1995]). … of sexual conduct against a child in the first degree (see People v Ames, 96 AD3d 867, 868 [2012]; People v Lupo, 92 AD3d 1136, 1137-1138 [2012]; People v Stewart, 60 AD3d 1111, 1112-1113 [2009]; People v Nowinski, 36 AD3d

Chinnici v. Brown

295 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2002

New York, 284 AD2d 296, 297 ; Pierre v Nanton, 279 AD2d 621 ; Descovich v Blieka, 279 AD2d 499, 500 ; Sainte-Aime v Ho, 274 AD2d 569, 570 ). … Henry, 276 AD2d 611, 612 ; Lalli v Tamasi, 266 AD2d 266 ; Letellier v Walker, supra).

People v. Brown

256 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1998

We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v Antommarchi ( 80 NY2d 247, 250 ), to be present at certain sidebar conferences with … Although the waiver was conveyed by counsel, defendant was clearly aware of his -right to be present, since he exercised that right by participating in other such conferences (People v San *93 tana, 247 AD2d 201 , lv denied

People v. Brown

126 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1987

The rule mandating the exclu *658 sion of identification testimony based on an unduly suggestive showup is therefore inapplicable on the facts herein (see, People v Logan, 25 NY2d 184 ; People v Medina, 111 AD2d 190, 191 … We therefore decline to reverse the conviction on this ground, despite the fact that the challenged testimony was not technically in the nature of rebuttal (see, CPL 260.30 [7]; People v Sterling, 95 AD2d 927, 928 ).

Meegan v. Brown

85 A.D.3d 1579 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2011

People v. Brown

26 A.D.3d 340 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2006

The defendant’s challenge to his sentence is precluded from review by his valid waiver of appeal (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Iorio, 276 AD2d 564 [2000 … [1990]; People v Manzullo, 14 AD3d 717 [2005]).

People v. Brown

87 A.D.3d 1412 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2011

People v. Brown

95 A.D.3d 1229 · Appellate Division of the Supreme Court of the State of New York · May 23, 2012

1980]; People v Monserrate, 90 AD3d 785, 787 [2011]). … Under these circumstances, there was legally sufficient evidence that the complainant suffered substantial pain and, therefore, sustained a physical injury (see People v Chiddick, 8 NY3d at 446 ; see also People v Kenner,

Black v. Brown

27 A.D.2d 683 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1967

Brown v. McGuire

245 A.D.2d 895 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1997

children’s lives might be enhanced either economically, emotionally or educationally, we find that Family Court assessed all relevant evidence in its consideration of the children’s best interests (see, Matter of Tropea v … Tropea, supra; Matter of Burnham v Basta, 241 AD2d 628 ; Matter of Mendoza v Adamson, 238 AD2d 737 ; Matter of Davis v Davis, 238 AD2d 708 ).

Brown v. Coughlin

168 A.D.2d 947 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1990

Vega v Smith, 66 NY2d 130 ; *948 Matter of Gibson v Coughlin, 142 AD2d 862 ). The charge of verbal harassment, however, is not supported by substantial evidence. … Petitioner’s remaining contentions, advanced for the first time on appeal, are not timely raised (see, Matter of Krall v Kelly, 142 AD2d 951 ).

Meegan v. Brown

83 A.D.3d 1603 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2011

People v. Brown

105 A.D.2d 509 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 1984

In addition, no extraordinary circumstances evincing an abuse of discretion have been demonstrated which would warrant our interference with the sentence imposed (People v Farrar, 52 NY2d 302, 305 ; People v Miller, 74 AD2d … This court has recently concluded that section 60.35 of the Penal Law was a constitutionally permissible enactment by the Legislature (Pe ople v Dodson, 96 AD2d 1116, 1118 ). Judgment affirmed. Kane, J.

People v. Brown

132 A.D.3d 412 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 2015

As the People concede, defendant is entitled to resentencing for an express youthful offender determination (see People v Rudolph, 21 NY3d 497 [2013]). Concur — Tom, J.P., Acosta, Moskowitz and Richter, JJ.

People v. Brown

187 A.D.2d 723 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 1992

prosecutor’s remarks regarding the credibility of the police officers and the defendant’s testimony constituted a fair response to the defense counsel’s characterization of the People’s case and was therefore proper (see, People v … Atson, 139 AD2d 520 ; People v Street, 124 AD2d 841 ).

People v. Brown

79 A.D.3d 1766 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2010