Case law

People v. Brown

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

People v. Brown

79 A.D.3d 1767 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2010

People v. Brown

208 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1994

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), defendant’s guilt was established beyond a reasonable doubt (People v Bleakley, 69 NY2d 490 ). … to prejudice the jury (People v Halm, 81 NY2d 819, 821 ), and there is not a significant likelihood that this single comment affected the verdict (People v Pizzaro, supra), especially in light of the court’s corrective charge

People v. Brown

175 A.D.2d 210 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1991

671 ; People v Alvarez, 160 AD2d 885 ; People v Goggans, 155 AD2d 689 ). … 66 NY2d 796, 799-800 ; see also, People v Sullivan, 153 AD2d 223, 227 ).

People v. Brown

294 A.D.2d 751 · Appellate Division of the Supreme Court of the State of New York · May 23, 2002

thereof’ a period of postrelease supervision (Penal Law § 70.45 [1]), and “[flailure to advise a defendant of the statutorily required postrelease supervision requires that he be permitted to withdraw his guilty plea” (People v

Dash v. Brown

199 A.D.2d 41 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1993

As probationary employees, petitioners were subject to being terminated without a hearing and without any reasons stated therefor (Matter of Rivoli v Stern, 160 AD2d 601, 602 ). … for that of the administrative body as to the severity of the acknowledged behavior (see, Matter of Soto v Koehler, 171 AD2d 567, 569 , lv denied 78 NY2d 855 ).

People v. Brown

6 A.D.3d 358 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2004

Ayala v New York, 522 US 1002 [1997]). … Herring, 83 NY2d 780 [1994]; People v Vaughan, 300 AD2d 104 [2002], lv denied 99 NY2d 633 [2003]; People v Leon, 295 AD2d 143 [2002]).

Brown v. Brown

258 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

Even if we were to find that defendant’s proposed counterclaim validly set forth a cause of action for divorce on the ground of cruel and inhuman treatment (see, Smith v Smith, 206 AD2d 255 , lv dismissed 84 NY2d 977 ) or … abandonment before the Referee would unjustifiably prejudice plaintiff by belatedly introducing an entirely new theory into the case (see, Symbax, Inc. v Bingaman, 219 AD2d 552, 553 ).

Iglesias v. Brown

59 A.D.3d 992 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

The order, insofar as appealed from, denied the motion of defendants Anne Brown and Vincent Brown seeking to bifurcate the trial. … At the time of the incident, plaintiffs son was at premises owned by Anne Brown and Vincent Brown (defendants) and leased to the two remaining defendants, who owned the dog.

Brown v. Scully

135 A.D.2d 713 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1987

The failure of the petitioner to acquire personal jurisdiction over the respondents is a fatal jurisdictional defect precluding further action by this court (see, Macchia v Russo, 67 NY2d 592 ). Thompson, J. … P., Brown, Fiber and Sullivan, JJ., concur.

People v. Brown

2024 NY Slip Op 03439 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2024

People v Brown ( 2024 NY Slip Op 03439 ) People v Brown 2024 NY Slip Op 03439 Decided on June 20, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … No. 10017/21) [*1]The People of the State of New York, appellant, v Kasson Brown, respondent. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Eric C. Washer, and Danielle M.

People v. Brown

309 A.D.2d 1084 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2003

]; People v Gonzalez, 299 AD2d 581, 582 [2002]). … v Goodings, 277 AD2d 725 [2000], lv denied 96 NY2d 735 [2001]).

People v. Brown

256 A.D.2d 42 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1998

The court properly denied defendant’s suppression motion without a hearing (see, People v Mendoza, 82 NY2d 415, 432-433 ). The People alleged that the police recovered counterfeit currency from defendant. … Defendant’s allegations did not establish any privacy interest in the currency seized, failing to confer upon him standing to move to suppress (see, People v Barshai, 100 AD2d 253 , lv denied 62 NY2d 804 , cert denied 469

Brown v. Johnson

294 A.D.2d 241 · Appellate Division of the Supreme Court of the State of New York · May 23, 2002

Brown v. Brown

257 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

Even if we were to find that defendant’s proposed counterclaim validly set forth a cause of action for divorce on the ground of cruel and inhuman treatment (see, Smith v Smith, 206 AD2d 255 , lv dismissed 84 NY2d 977 ) or … abandonment before the Referee would unjustifiably prejudice plaintiff by belatedly introducing an entirely new theory into the case (see, Symbax, Inc. v Bingaman, 219 AD2d 552, 553 ).

People v. Brown

162 A.D.2d 695 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1990

v Almeida, 159 AD2d 508 ; People v Williams, 142 AD2d 310, 315). … Brown, J. P., Hooper, Eiber and O’Brien, JJ., concur.

People v. Brown

202 A.D.2d 514 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1994

The People established that the uncalled officer’s testimony would have been cumulative (see, People v Gonzalez, 68 NY2d 424 ; *515 People v Tate, 199 AD2d 291 ; People v Morris, 168 AD2d 464 ). Rosenblatt, J.

People v. Brown

113 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1985

supra, at p 210 ; United States v Smith, 643 F2d 942, 944-945, cert denied 454 US 875 ). … J., Bracken, Brown and Rubin, JJ., concur.

Goldfinger v. Brown

169 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1991

However, this transaction was barred by tbe Statute of Frauds contained in UCC 8-319 (a) (see, Gross v Vogel, 81 AD2d 576 ), and not subject to any of the exceptions therein. … Inasmuch as none of these writings is signed by the party to be charged, this contention is unavailing (see, Fox Co. v Kaufman Org., 74 NY2d 136 ; Crabtree v Arden Sales Corp., 305 NY 48 ). Bracken, J.

Brown v. Condon

186 A.D.2d 43 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1992

Petitioner left the scene of an accident and refused to take a breathalyzer test when ordered to do so by a superior officer (see, Matter of Holder v Sielaff, 184 AD2d 228 ; Thomas v City of New York, 169 AD2d 496 ; see also … , Matter of Soto v Koehler, 171 AD2d 567 , lv denied 78 NY2d 855 ).