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227 A.D.2d 237 · Appellate Division of the Supreme Court of the State of New York · May 16, 1996
Sinistaj, 67 NY2d 236, 239 ; People v Sigismundi, 222 AD2d 382, 383 ). … Although the hearing court found this period to be includable, it was, in fact, excludable as time expended for motion practice (see, People v Buong Sai, 223 AD2d 439 -440; People v Bissereth, 194 AD2d 317 , lv denied 82
Cited 4 timesPublished23 A.D. 210 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1897
“BROWN & FLEMING, “ Per Wm. L. Quinn.” … (Potter v. Thompson, 22 Barb. 87 ; Lyon v. Clark, 8 N. Y. 148, 157 ; Babbett v. Young, 51 Barb. 466 ; Fowler v. Martin, 1 T. & C. 377.)
Cited 2 timesPublished249 A.D.2d 556 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998
Cited 5 timesPublished67 A.D.3d 1428 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2009
Cited 0 timesPublished151 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.
Cited 1 timesPublished67 A.D.3d 819 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2009
Cited 0 timesPublished17 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
Cited 3 timesPublished248 A.D.2d 145 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1998
the jury specifically, as requested, that defendant’s mere presence at the scene was insufficient to convict her under an acting in concert theory, since the charge as a whole conveyed the proper standards (see, People v
Cited 2 timesPublished264 A.D.2d 781 · Appellate Division of the Supreme Court of the State of New York · Sep 20, 1999
McCall, 88 NY2d 838 ; People v Nuccie, 57 NY2d 818 ). … In any event, the defendant’s contention is without merit (see, People v Fardan, 82 NY2d 638 ; People v Watson, 156 AD2d 403 ). *782 The defendant’s claims of prosecutorial misconduct regarding certain questions posed on
Cited 2 timesPublished71 A.D.3d 1469 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2010
Cited 0 timesPublished214 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1995
Rivera, All AD2d 662; People v Wells, 144 AD2d 400 ; People v Jones, 138 AD2d 405 ). … Marilla, 1 NY2d 319; People v Mower, 144 AD2d 117 ).
Cited 4 timesPublished34 A.D.3d 1303 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 2006
Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).
Cited 2 timesPublished194 A.D.2d 682 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1993
Darby, 75 NY2d 449, 454-455 ; People v Skye, 167 AD2d 892 ; cf., People v Salisbury, 182 AD2d 1105 ). … ; People v Beckum, 156 AD2d 571 ).
Cited 4 timesPublished215 A.D.2d 772 · Appellate Division of the Supreme Court of the State of New York · May 30, 1995
The hearing court, which saw and heard the witnesses, found that the lineup was not suggestive (see, e.g., People v Prochilo, 41 NY2d 759 ), and we find no reason on this record to disturb its determination.
Cited 2 timesPublished184 A.D.2d 282 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1992
Viewed in the light most favorable to the People (see, People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), the evidence was sufficient to prove beyond a reasonable doubt that defendant was one of the perpetrators of … Moreover, to the extent the jury may have exercised its mercy function in rejecting the first degree robbery charge, it was free to do so (see, People v Tucker, 55 NY2d 1, 7 ). Concur —Murphy, P.
Cited 1 timesPublished208 A.D.2d 431 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 1994
Furthermore, defendant’s claim of ineffective assistance of counsel is unfounded (see, People v Ellis, 81 NY2d 854 ; People v Thomas, 200 AD2d 413 , lv denied 83 NY2d 915 ). Concur—Sullivan, J.
Cited 1 timesPublished66 A.D.3d 1500 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2009
Cited 0 timesPublished68 A.D.3d 1824 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2009
Cited 0 timesPublished307 A.D.2d 973 · Appellate Division of the Supreme Court of the State of New York · Aug 11, 2003
The eyewitnesses’ testimony established that the defendant displayed what appeared to be a gun during the course of the crime (see Penal Law § 160.15 [4]; People v Lopez, 73 NY2d 214 [1989]; People v Baskerville, 60 NY2d … Under the circumstances of this case, the defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).
Cited 1 timesPublished174 A.D. 857 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1916
Cited 2 timesPublished
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