Case law

People v. Brown

90 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2011

People v Cruz, 293 AD2d 412 [2002], lv denied 98 NY2d 674 [2002]). In addition, the charges were very serious, and defendant’s claim of prejudice is unpersuasive. … Defendant made a valid waiver of his right to appeal, in a colloquy with the court as well as in writing (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]).

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 ).

People v. Brown

243 A.D.2d 641 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1997

Following a Hinton hearing, the court concluded that the People met their burden of establishing that open-court testimony by the undercover officer would jeopardize his safety (see, People v Ayala, 90 NY2d 490 ; People v … Martinez, 82 NY2d 436 ; Waller v Georgia, 467 US 39 ).

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. Tainter

114 A.D. 446 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1906

Brown, the plaintiff, for a loan of $ 1,000. … Y. 625 ; Brown v. Reiman, 48 App.

Golden v. Brown

74 A.D.3d 1843 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2010

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).

People v. Brown

29 A.D.3d 917 · Appellate Division of the Supreme Court of the State of New York · May 23, 2006

was legally insufficient to establish the “knowingly enters” element of the crimes of burglary in the third degree and criminal trespass in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v … 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 *918 AD2d 86, 88 [1974]).

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

People v. Brown

243 A.D.2d 282 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 1997

instructed that the weight of such testimony was a question for its determination (Meiselman v Crown Hgts. … Based on the existing record, we find that defendant received meaningful representation by counsel (see, People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ; see also, People v Ho-bot, 84 NY2d 1021 ).

People v. Brown

73 A.D.3d 1078 · Appellate Division of the Supreme Court of the State of New York · May 18, 2010

Brown v. Braunstein

86 A.D. 499 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

This question is in no sense similar to that under consideration in Ketchum v. Edwards ( 153 N. … (Ketchum v. Edwards, supra.)

People v. Brown

186 A.D.2d 356 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1992

degree is supported by overwhelming evidence (see, People v Bleakley, 69 NY2d 490 ). … (See, People v Harris, 76 NY2d 810, 812 .)

People v. Brown

68 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2009

Bindler v. Brown

133 A.D.2d 602 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1987

Beacon Tex-Print, 118 AD2d 630, 631 , quoting from Broida v Bancroft, 103 AD2d 88, 93 ). … Center v Shahzad, 124 AD2d 557, 559 ; Porter v Shapiro, 124 AD2d 794, 795 ). Weinstein, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

People v. Brown

193 A.D.2d 612 · Appellate Division of the Supreme Court of the State of New York · May 3, 1993

Therefore, the officer had probable cause to arrest the defendant, to search him, and to seize all of the vials which were recovered from him (see, People v McRay, 51 NY2d 594 ; People v DeSantis, 46 NY2d 82, 87 , cert denied … 443 US 912 ; People v McLeod, 161 AD2d 671 ).

People v. Brown

249 A.D.2d 556 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998

People v. Brown

17 A.D.3d 283 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2005

The court properly denied defendant’s application made pursuant to Batson v Kentucky ( 476 US 79 [1986]). … The record establishes that defendant consented to submis *285 sion of statutory materials to the deliberating jury pursuant to CPL 310.30 (see People v Brown, 90 NY2d 872, 874 [1997]; People v Spruill, 245 AD2d 534 [1997

People v. Brown

151 A.D.2d 687 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1989

Motion by the People for resettlement of this court’s decision and order dated February 6, 1989 ( 147 AD2d 489 ), which determined the appeal of Charles Brown from a judgment of the County Court, Westchester County (West, … J., Brown, Kunzeman and Kooper, JJ., concur.

People v. Brown

83 A.D.3d 1577 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2011

Defendant’s valid waiver of the right to appeal does “not encompass the right to challenge the legality of the sentencing procedure on appeal” (People v Nicholson, 237 AD2d 973, 974 [1997], lv denied 90 NY2d 908 [1997]), … nor is preservation required to challenge the legality of a sentence (see generally People v Samms, 95 NY2d 52, 56 [2000]).