Case law

People v. Brown

183 A.D.2d 612 · Appellate Division of the Supreme Court of the State of New York · May 21, 1992

Nor did the trial court abuse its sentencing discretion (People v Farrar, 52 NY2d 302 ).

People v. Brown

263 A.D.2d 613 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1999

Specifically, defendant alleged that there was insufficient information in the search warrant application to satisfy the two-prong Aguilar-Spinelli test (Spinelli v United States, 393 US 410 ; Aguilar v Texas, *614 378 US … to remit the matter to County Court for such findings (see, People v Bonilla, 82 NY2d 825, 827-828 ; People v Ayarde, 220 AD2d 519, 520 ).

People v. Brown

267 A.D.2d 93 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1999

A witness’s failure to identify a defendant at a pretrial procedure goes to the weight of the witness’s in-court identification, not to its admissibility (People v Parks, 257 AD2d 636 , lv denied 93 NY2d 976 ; People v Spigner

Riddell v. Brown

35 A.D.3d 1295 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2006

People v. Brown

37 A.D.3d 370 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2007

People v. Brown

12 A.D.3d 524 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2004

support his conviction because the People failed to prove that his statements to the police were voluntary and failed to disprove his justification defense is unpreserved for appellate review (see CPL 470.05 [2]; People v … In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt

Brown v. Grassman

65 N.Y.S. 1126 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1900

Therefore the case is within the principle of Knapp v. Wallace, 41 N. Y. 477 ; Kalley v. Baker, 132 N. Y. 1 , 29 N. E. 1091 ; Gilder v. Davis, 137 N. Y. 504 , 33 N. E. 599 , 20 L. R. A. 398. Diamond Co. v.

Brown v. Giesecke

40 A.D.2d 1009 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1972

. *■ * * The notice must he of such nature as reasonably to convey the required information * * * and it must afford a reasonable time for those interested to make their appearance ” (Mullane v. … Petersen v. Vane, 57 Cal. App. 2d 58 ). Thus, we find that the service of process was invalid and that the order of possession, consequently, was made without jurisdiction. Hopkins, Acting P.

People v. Brown

91 A.D.2d 638 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1982

Moody, 52 AD2d 959 ; People v Skinner, 57 AD2d 785 ; People v Garcia, 76 AD2d 867 ). … Damiani, J.P., Gulotta, O’Connor and Brown, JJ., concur.

People v. Brown

2 A.D.3d 1423 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2003

(see People v Serrano, 93 NY2d 73, 77 [1999]; People v Reynoso, 295 AD2d 156, 157 [2002], lv denied 98 NY2d 701 [2002]; People v Mingo, 117 AD2d 353, 356 [1986], lv denied 68 NY2d 772 [1986]). … (see People v Hayes, 97 NY2d 203, 208 [2002]; People v Beckwith, 309 AD2d 1253 [2003]).

Brown v. Keating

182 A.D.2d 552 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1992

To interpret such a sale as having realized a "net profit”, as the husband does, would leave the term "net” meaningless (see, Two Guys v S.F.R. Realty Assocs., *553 63 NY2d 396, 403 ). … For the reason that the husband had no right to engage in a self-help remedy (King v King, 159 AD2d 347 ), the IAS court properly awarded the wife counsel fees necessary to enforce the stipulation (Holliday v Holliday, 58

People v. Brown

55 A.D.3d 1370 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2008

to be charged with rape in the first degree, we cannot conclude “that the deception induced defendant to make a false confession, nor was it so fundamentally unfair as to deny defendant his right to due process” (People v … Burke, 20 AD3d 932, 933 [2005], lv denied 5 NY3d 826 [2005]; see People v Tarsia, 50 NY2d 1, 11 [1980]; People v Jordan, 193 AD2d 890, 892 [1993], lv denied 82 NY2d 756 [1993]).

People v. Brown

264 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Aug 30, 1999

Contrary to the defendant’s contention, the trial court did not err in declining to appoint a special prosecutor (see, People v English, 88 NY2d 30 ). … The trial court also properly admitted a redacted version of a previously-convicted codefendant’s statement to law enforcement authorities into evidence (see, People v Settles, 46 NY2d 154 ).

People v. Brown

127 A.D.3d 640 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2015

Under the circumstances, this was an unnatural omission, and a permissible basis for impeachment (see People v Savage, 50 NY2d 673 [1980], cert denied 449 US 1016 [1980]; People v Hightower, 237 AD2d 166 [1st Dept 1997], … lv denied 89 NY2d 1094 [1997]; People v Foy, 220 AD2d 220 [1st Dept 1995], lv denied 87 NY2d 901 [1995]).

People v. Brown

206 A.D.2d 326 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 1994

Judgments, Supreme Court, New York County (Thomas Galligan, J., on CPL 30.30 motion; Rose Rubin, J., at jury trial and sentence), rendered July 3, 1991, after jury trial, convicting defendant Brown of two counts of robbery … , 213 ; People v Brothers, 50 NY2d 413 ).

Riddell v. Brown

32 A.D.3d 1212 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006

Brown for summary judgment dismissing the cross claim of defendant Great Lakes Energy Partners, L.L.C. for contractual indemnification.

Brown v. Arcuri

43 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1974

Div. 758 ; Owens v. Blackburn, 161 App. Div. 827 ; 42 N. Y. … Gallery v. Lyons, 292 N. Y. 15 ; Haddock, Blanchard' & Go. v. Haddock, 192 N.-Y. 499; Artistic Greetings v. Sh'olom Greeting Card Co., 36 A D 2d 68; Jamaica Tobacco <& Sales Gorp. v. Ortner, 70 Mise 2d 388)..

Brown v. Otis

98 A.D. 554 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

Brown was erroneous. … Y. 158 ; Collins v. Long Island City, 132 id. 321; Matter of Adler Brothers & Co., 76 App. Div. 571 ; affd., 174 N. Y. 287 ; Cowenhoven v. Ball, 118 id. 231, 235.) It is contended that the defect is jurisdictional.

People v. Brown

215 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · May 15, 1995

This evidence was legally sufficient to support a finding that the defendant acted with criminal negligence (see, People v Paul V. … S., 75 NY2d 944 ; People v Rooney, 57 NY2d 822 ; People v Senisi, 196 AD2d 376 ; People v D’Amico, 138 AD2d 503 ).

People v. Brown

2023 NY Slip Op 02889 · Appellate Division of the Supreme Court of the State of New York · May 31, 2023

People v Brown ( 2023 NY Slip Op 02889 ) People v Brown 2023 NY Slip Op 02889 Decided on May 31, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … No. 2349/04) [*1]The People of the State of New York, respondent, v Josh Brown, appellant. Josh Brown, Comstock, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C.