Case law

People v. Brown

231 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1996

The evidence establishes that defendant had a motive and an opportunity to set the fire (see, People v Landers, 107 AD2d 1022 ). … Viewed in the light most favorable to the People, the circumstantial evidence is legally sufficient to establish defendant’s guilt (see, People v Williams, supra, at 926; People v Landers, supra).

People v. Brown

114 A.D.2d 1035 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1985

no waiver, and no exigent circumstances, a probation officer may not search a probationer’s personal property, except as incident to arrest, unless a search order pursuant to CPL 410.50 (3) is first obtained (see, People v … P., Brown, Rubin and Lawrence, JJ., concur.

People v. Brown

155 A.D.2d 306 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1989

however, the reason why they might not have been conducted or the police guidelines relative thereto was an ancillary issue, on which there was no evidence presented, and the court’s charge was correct (compare, People v

Welz v. Brown

2024 NY Slip Op 03021 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 2024

Welz v Brown ( 2024 NY Slip Op 03021 ) Welz v Brown 2024 NY Slip Op 03021 Decided on June 04, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … Index No. 151408/21 Appeal No. 2423 Case No. 2023-02962 [*1]Theodore Welz et al., Appellants, v Ailene Brown, Respondent, SN Funding LLC, et al. Defendants. Rosenberg & Estis, P.C., New York (Christopher A.

People v. Brown

73 A.D.3d 940 · Appellate Division of the Supreme Court of the State of New York · May 11, 2010

Viewing the intoxication evidence in the light most favorable to the defendant (see People v Gaines, 83 NY2d 925, 927 [1994]), we find that it was insufficient to allow a reasonable person to entertain a doubt as to the element … of *941 intent (id.; see People v Sirico, 66 AD3d 1047 [2009]; People v Garcia, 271 AD2d 695 [2000]; People v Hernandez, 161 AD2d 664 [1990]; People v Rodriguez, 155 AD2d 627 [1989], affd 76 NY2d 918 [1990]).

Crowley v. Brown

202 A.D.2d 328 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1994

Brown v. Krueger

13 A.D.3d 1182 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2004

Corp. v Sear-Brown Group, 269 AD2d 749, 749 [2000]; see Borland v Sampson Steel Fabricators, 298 AD2d 831, 833 [2002]; Sumell v Wegmans Food Mkts., 254 AD2d 702 [1998]).

Mitchell v. Brown

74 A.D.3d 1678 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 2010

1427, 1427 [2009]; Matter of Haden v Prack, 62 AD3d 1133, 1134 [2009]). … Fischer, 52 AD3d 1070, 1071 [2008], appeal dismissed 11 NY3d 809 [2008]; Matter of Moore v New York State Dept. of Correctional Servs., 50 AD3d 1350, 1351 [2008]).

Winthrop, Brown & Co. v. Williams, Brown & Co.

289 A.D.2d 67 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2001

Goldstein v. Brown

189 A.D.2d 649 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1993

(e.g., Holmes v New York City Hous. … The only issue for consideration by the Court is whether the administrative decision to deny petitioner the requested license was arbitrary and capricious or an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d

People v. Brown

182 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1992

Thus, defendant lacked standing to challenge the admission of the weapon (see, People v Wesley, 73 NY2d 351, 359 [1989]).

Brown v. Leary

100 A.D. 421 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1905

People v. Brown

72 A.D.3d 1657 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2010

People v. Brown

198 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1993

Accordingly, the conviction of criminal possession of a controlled substance in the seventh degree (two counts) should be reversed and those counts dismissed (see, CPL 300.40 [3] [b]; People v Wilson, 162 AD2d 747 ; People … v McBee, 143 AD2d 773, 775 ).

Schunk v. Brown

55 A.D.2d 831 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1976

Co., 116 NY 375 , 381; Mandeville v Guernsey, 51 Barb 99, affd 50 NY 669 ; Jones v New York Cent. & Hudson Riv. R. R. Co., 99 App Div 1 , 2 NY PJI2d 640; cf. Carter v Village of Nunda, 55 App Div 501, 506 ). … Co., 143 NY 417 ; Plusch v City of New York, 278 App Div 571, 572 ; Zingrebe v Union Ry. Co., 56 App Div 555 ; Lyons v New York City Ry. Co., 49 Misc 517 ; 11 NY Damages Law [Fuchsberg], § 1219).

Brown v. Hallman

278 A.D.2d 604 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2000

“Mandamus to compel is an extraordinary remedy, available, as against an administrative officer, only to compel the performance of a duty enjoined by law [citation omitted]” (Matter of Scheufler v Bruno, 250 AD2d 268, 271

Ruggiero v. Brown

184 A.D.2d 270 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1992

In addition, while the penalty imposed upon petitioner is severe, it is certainly commensurate with his guilt and not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 233).

Cotter v. Brown

17 A.D.3d 587 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 2005

Accordingly, the order holding her in contempt was improper (see Sklover v Sklover, 11 AD3d 527, 528 [2004]; Matter of King v King, 249 AD2d 395 [1998]). … mother demonstrated that an order directing *588 the father to permit reasonable telephone contact between her and the child during periods of the father’s visitation, was in the child’s best interests (see Matter of Dobbins v

People v. Brown

266 A.D.2d 77 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1999

When the attention of the police was directed to defendant by a member of a crowd chasing him, the officers acquired reasonable suspicion of criminality justifying pursuit (see, People v Lopez, 258 AD2d 388 ). … defendant refused to stop when so instructed by the police and dropped a wallet that he had been carrying in his hand, the police properly seized defendant, handcuffed him, and held him for further investigation (see, People v

Medina v. Brown

213 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

The IAS Court properly found petitioner’s March 12, 1993 motion to be one merely for reargument, denial of which is non-appealable (Mariani v Dryer, 193 AD2d 456, 458 , lv denied 82 NY2d 658 ). … affirm because petitioner, a probationary employee, failed to demonstrate that he was terminated in bad faith, for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of York v