Case law

Meegan v. Brown

66 A.D.3d 1500 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2009

People v. Brown

141 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1988

In any event, while we disapprove of the reference to wavering minds to explain the meaning of reasonable doubt (see, e.g., People v Stevenson, 104 AD2d 835 ), the charge, read as a whole, conveyed the correct standard of … proof to the jury (see, People v Stevenson, supra).

Castillo v. Brown

181 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1992

Resolution of issues of credibility rests solely with the administrative agency (Matter of Pell v Board of Educ., 34 NY2d 222 , 230). … In view of petitioner’s conduct, it may not be said that the penalty of dismissal is so disproportionate as to offend a sense of fairness (Matter of Pell v Board of Educ., supra). Concur— Murphy, P.

People v. Brown

68 A.D.3d 1824 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2009

People v. Brown

261 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · May 7, 1999

By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662 … , 665 ; People v Hill [appeal No. 1], 254 AD2d 726 , lv denied 92 NY2d 1050 ).

People v. Brown

34 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]).

People v. Brown

309 A.D.2d 1258 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2003

Defendant’s contention, therefore, is “not an issue of law that could be properly adjudicated in a CPL 330.30 motion” (People v Hines, 97 NY2d 56, 61 [2001], rearg denied 97 NY2d 678 [2001]; see People v Laraby, 92 NY2d 932 … It is well settled that “the right to counsel is personal” to the accused (People v Bing, 76 NY2d 331, 350 [1990]) and thus cannot be invoked by a third party on behalf of an adult defendant (see People v Grice, 100 NY2d

People v. Brown

1 A.D.3d 147 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2003

exercised its discretion when it inquired whether the jury, after deliberating for six hours, had agreed upon a verdict as to any of the multiple counts submitted, and when it then accepted a partial verdict (see People v … There was nothing coercive or prejudicial about the court’s actions (see Bordas v Walker, 2000 WL 1867915 , 2000 US Dist LEXIS 18324 [SD NY, Dec. 20, 2000]).

People v. Brown

184 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.

People v. Brown

235 A.D.2d 303 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1997

407, 412 ; People v Lawrence, 209 AD2d 165 , lv denied 84 NY2d 1034 ). … (People v Bornholdt, 33 NY2d 75, 88 , cert denied sub nom. Victory v New York, 416 US 905 ; see, People v Epps, 190 AD2d 630, 631, Iv denied 81 NY2d 1013 .)

People v. Brown

178 A.D.2d 280 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1991

; People v Okonkwo, 176 AD2d 163 ). … (People v Vidal, 172 AD2d 228 , lv denied 78 NY2d 927 .) Defendant’s bolstering claim is unpreserved for appellate review (CPL 470.05 [2]; People v Hendricks, 159 AD2d 396 , lv denied 76 NY2d 736 ).

People v. Brown

174 A.D.2d 750 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1991

Accordingly, the requirements of Penal Law § 125.25 (3) (c) and (d) were not met (see, People v *751 DiNicolantonio, 74 NY2d 856 ; People v Pagan, 130 AD2d 687 ; People v Pearson, 118 AD2d 737 ).

People v. Brown

44 A.D.3d 965 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2007

Alexander, 255 AD2d 708 [1998]; People v Rodriguez, 186 AD2d 838 [1992]; People v Cox, 146 AD2d 795, 796-797 [1989]). … Rodriguez, 64 NY2d 738, 741 [1984]; People v Miles, 8 AD3d 758 [2004]; People v Shields, 81 AD2d 870 [1981]).

People v. Brown

244 A.D.2d 347 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1997

Under these circumstances, the defendant’s waiver of his right to counsel was effective (see, People v Beam, 57 NY2d 241, 254 ; People v Yut Wai Tom, 53 NY2d 44, 53-54 ; People v Drelich, 123 AD2d 441, 444 ). … ; People v Settles, 46 NY2d 154, 166 ).

Crowley v. Brown

91 A.D.2d 601 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1982

On a motion to dismiss under CPLR 4401, the court should not undertake to weigh the evidence, but must take that view of it most favorable to the nonmoving party (Cox v Don’s Welding Serv., 58 AD2d 1013 ; Bartkowiak v St.

People v. Brown

7 A.D.3d 535 · Appellate Division of the Supreme Court of the State of New York · May 3, 2004

Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). … Contrary to the defendant’s contention, he received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Satterfield, 66 NY2d 796 [1985]; People v Baldi, 54 NY2d 137 [1981]; People v Wicker

People v. Brown

5 A.D.2d 819 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1958

People v. Brown

54 A.D.2d 913 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1976

Brown v. Herzberg

130 A.D. 894 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1909

Hurley v. Brown

66 N.Y.S. 295 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1900

Covenants are to be strictly' construed against the grantors (Hurley v. Brown, 44 App. Div. 480, 483 , 60 N. Y. … Hurley v. Brown, supra.