Case law

Kerr v. Brown

283 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · May 29, 2001

In February 1989, Brown, Gist and. … Having made sufficient allegations of assignment, Kerr has standing to assert the assignor’s claims and is a real party in interest (Kahn *345 v New York Times Co., 122 AD2d 655 ; Hill v Satra Corp., 65 AD2d 737 ).

People v. Brown

277 A.D.2d 974 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2000

First, testimony that defendant was in possession of bolt cutters and copper pipe at the time of his arrest is not evidence of an uncharged crime because possession of those items is not illegal (see, People v Powell, 209 … That evidence, moreover, was necessary “to complete the narrative of the episode” (People v Gines, 36 NY2d 932, 932-933 ) and to explain why the police pursued and arrested defendant (see, People v Conyers, 160 AD2d 318,

People v. Brown

67 A.D.3d 523 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 2009

The verdict was not against the weight of the evidence (see *524 People v Danielson, 9 NY3d 342, 348-349 [2007]). … As an alternative holding, we find that although certain of the prosecutor’s remarks reflect a deplorable attempt to appeal to the emotions of the jury, they were not so egregious as to warrant reversal (see People v D’Alessandro

Christian v. Brown

151 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1989

action to be transitory for purposes of venue, in that it was an action for the enforcement of a separation agreement executed by the parties and later incorporated in the marital decree but not merged therein (see, Madden v … Madden, 78 AD2d 874 ; Suddin v Lynbrook Gardens Co., 127 Misc 2d 406 ; Suchy v Suchy, 126 Misc 2d 1094 ).

Brown v. Bazin

121 A.D.2d 422 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1986

P., Brown, Rubin and Eiber, JJ., concur.

People v. Brown

199 A.D.2d 11 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1993

In any event, defendant was not prejudiced by the ruling since the jury was apprised of its contents (People v Adams, 72 AD2d 156, 161 , affd 53 NY2d 1 , cert denied 454 US 854 ). … The court delivered an adverse inference charge against the People, eliminating thereby any possibility of prejudice to the defendant (see, People v Franco, 189 AD2d 589 , lv denied 81 NY2d 970 ).

People v. Brown

52 A.D.3d 1236 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2008

Brown v. Blumenfeld

296 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2002

LaCava, 230 AD2d 909 ; Matter of Catterson v Rohl, 202 AD2d 420 ; Matter of Hynes v Cirigliano, 180 AD2d 659 ; also see Matter of Sacket v Bartlett, 241 AD2d 97 ). … Rohl, supra at 424; see Matter of Pirro v LaCava, supra; Matter of Sacket v Bartlett, supra).

People v. Brown

171 A.D.2d 1038 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1991

Kibbe, 35 NY2d 407, 412-413 ; People v Kane, 213 NY 260, 270 ). … Barksdale, 133 AD2d 770 , Iv denied 70 NY2d 1003 ; see also, People v Graham, 39 NY2d 775 ; People v La Rocca, 37 NY2d 927 ; People v Mendez, 28 NY2d 94 , cert denied 404 US 911 ).

People v. Brown

205 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1994

court may correct by the exercise of its inherent powers (see, Matter of Kisloff v Covington, supra; People v Wright, supra; People v Minaya, 54 NY2d 360, 364 , cert denied 455 US 1024 ). … Davidson v Kelly, 193 AD2d 1140, 1141 ).

Pagan v. Brown

176 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1991

(See, Matter of Pell v Board of Educ., 34 NY2d 222 , 240.) Concur — Carro, J. P., Rosenberger, Ellerin, Smith and Rubin, JJ.

Toal v. Brown

181 A.D.2d 581 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1992

People v. Brown

200 A.D.2d 416 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1994

After one exchange, defendant walked to a nearby firebox, pulled out a brown bag, extracted something from the bag, and returned the bag to the firebox. … On the *417 basis of the present record, we do not find that defendant was denied meaningful representation (see, People v Rivera, 71 NY2d 705, 709 ; People v Baldi, 54 NY2d 137, 147 ).

Brown v. Barse

3 A.D. 257 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

Brown v. Graziano

51 A.D.3d 962 · Appellate Division of the Supreme Court of the State of New York · May 27, 2008

Brown, his father, inter alia, to rescind a deed to real property transferred to the defendant and his late wife by the decedent in 2002. … Accordingly, there are issues of fact which preclude the granting of summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).

People v. Brown

77 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1980

given” (Bumper v North Carolina, 391 US 543, 548 ; People v Kuhn, 33 NY2d 203, 208 ; People v Benitez, 76 AD2d 196 ). … (See Ivan V. v City of New York, 407 US 203, 204 ; and other cases cited in People v Getch and People v Marr, 50 NY2d 456 .)

Jankowsky v. Brown

177 A.D. 602 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1917

As stated in Snelling v. Yetter, No. 1 ( 25 App.

People v. Brown

134 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1987

They did not constitute cruel and unusual punishment for these crimes or for this defendant (see, People v Vasquez, 104 AD2d 1012 ). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

People v. Brown

231 A.D.2d 433 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1996

Defendant effectively waived his rights under People v Antommarchi ( 80 NY2d 247 ; see, People v Davis, 194 AD2d 437 , lv denied 82 NY2d 716 ). … Accordingly, defendant’s absence from the sidebar, even without the waiver, would not require reversal (People v Feliciano, 88 NY2d 18, 28 ).

People v. Brown

45 A.D.3d 1400 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2007