Case law

Lashway v. Brown

281 A.D.2d 735 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2001

Accordingly, these charges must be annulled and expunged from petitioner’s institutional record (see, Matter of Diaz v Goord, 263 AD2d 630 ; Matter of Smythe v McClellan, 226 AD2d 840, 842 ). … Goord, 274 AD2d 714 ; Matter of Nelson v Selsky, 239 AD2d 795 ).

People v. Brown

52 A.D.3d 1248 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2008

People v. Brown

276 A.D.2d 266 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2000

inappropriate manner, they cannot be said to have conveyed the court’s opinion as to defendant’s guilt, to have minimized the importance of careful deliberations, or to have deprived defendant of a fair trial (compare, People v

People v. Brown

54 A.D.3d 621 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 2008

People v. Brown

70 A.D.3d 407 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2010

People v Pearson, 67 AD3d 600 [2009] [court has authority to make immediate retraction of discharge of jury]). … Velasquez, 1 NY3d 44, 48 [2003]; People v Kinchen, 60 NY2d 772 [1983]).

People v. Brown

248 A.D.2d 742 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1998

The People were not required to (and in fact did not) limit the jury’s consideration to any specific underlying criminal intent and had no obligation to furnish particulars in that regard (see, People v Mackey, 49 NY2d 274 … , 280-281 ; People v Jones, 227 AD2d 195, 196 , Iv denied 88 NY2d 937 ).

Folser v. Brown

266 A.D. 954 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1943

People v. Brown

234 A.D.2d 15 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1996

"[M]uch weight must be accorded the determination of the suppression court with its peculiar advantages of having seen and heard the witnesses” (People v Prochilo, 41 NY2d 759 , 761), and the court was clearly warranted in … Goins, 73 NY2d 989 , with People v Brown, 67 NY2d 555 , cert denied 479 US 1093 ), and the People offered to make the witness available for further cross-examination, which the defense refused.

People v. Brown

215 A.D.2d 492 · Appellate Division of the Supreme Court of the State of New York · May 8, 1995

Pittman, 187 AD2d 679 ; see, People v Dawson, 50 NY2d 311, 321, n 4 ). … since there is no significant probability that the jury would have acquitted the defendant had the error not occurred (see, People v Ayala, 75 NY2d 422, 431 ; People v Crimmins, 36 NY2d 230, 241-242 ).

People v. Brown

50 A.D.3d 1049 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2008

People v. Brown

52 A.D.3d 273 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2008

People v. Brown

56 A.D.2d 1248 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2008

People v. Brown

117 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1986

Malizia, 62 NY2d 755 , cert denied 469 US 932 ; People v Gruttola, 43 NY2d 116 ; People v Di Girolamo, 108 AD2d 755 , lv denied 64 NY2d 1133 ). … Ford, 46 NY2d 1021 ; People v Lane, 101 AD2d 925 , affd 64 NY2d 1047 ).

People v. Brown

52 A.D.3d 230 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2008

People v. Brown

281 A.D.2d 340 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2001

Since defendant’s speedy trial motion was based entirely on CPL 30.30, a ground waived by defendant’s guilty plea, he failed to preserve his constitutional speedy trial claim (People v Rowe, 244 AD2d 295 , lv denied 91 NY2d … Were we to review this claim, we would find, after balancing the factors set forth in People v Taranovich ( 37 NY2d 442 ), that defendant was not entitled to dismissal of the indictment.

People v. Brown

4 A.D.3d 156 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2004

People v Carter, 77 NY2d 95, 107 [1990], cert denied 499 US 967 [1991]; People v Rosello, *157 298 AD2d 212 [2002], lv denied 99 NY2d 585 [2003]; People v Alexander, 215 AD2d 116 [1995], lv denied 86 NY2d 840 [1995]). … 91 NY2d 975 [1998], citing People v Alvino, 71 NY2d 233, 245 [1987]).

People v. Brown

191 A.D.2d 502 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1993

We agree, finding that under the circumstances of this case, the officer’s viewing of the photograph was not merely "confirmatory” in nature (see, People v Waring, 183 AD2d 271 ). … We also reject the defendant’s claim that he was denied due *503 process of law as a result of the six-month delay between the time of the first undercover drug purchase and the resulting indictment (see, People v Bryant,

People v. Brown

43 A.D.2d 743 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1973

charge with respect to this incident, and the overwhelming proof of defendant’s guilt, we affirm the' judgment, but note that overzealousness of this kind may well invalidate convictions in other cases (see, also, People v.

People v. Brown

190 A.D.2d 742 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1993

Garcia-Perez v United States, 454 US 839 ). … We have examined the defendant’s remaining argument and find it to be unpreserved for appellate review, and, in any event, without merit (see, People v Kryminski, 154 AD2d 549 ). Mangano, P.

Brown v. State

263 A.D. 1045 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1942

This is an appeal by the State of New York from a judgment of the Court of Claims awarding to claimant-respondent, as administrator of the estate of Thomas William Brown, deceased, the sum of $13,788.08.