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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 ).
Cited 4 timesPublished43 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)..
Cited 4 timesPublished98 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.
Cited 4 timesPublished152 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1989
Cited 2 timesPublished31 A.D.3d 657 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2006
Cited 0 timesPublished247 A.D.2d 926 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998
While we agree with defendant that the prosecutor engaged in misconduct on summation, we conclude that defendant was not thereby deprived of a fair trial (see, People v Galloway, 54 NY2d 396, 398 ). … County Court erred in its verdict sheet in failing to include “not guilty” as an option for each of the lesser included offenses (see, People v Piazza, 48 NY2d 151, 165).
Cited 2 timesPublished188 A.D.2d 288 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1992
Although the two convictions were not recent, inquiry is not inappropriate if their bearing on defendant’s credibility is still relevant (see, People v Yeaden, 156 AD2d 208 , lv denied 75 NY2d 872 ). … Finally, even assuming that the trial court’s Sandoval ruling was improper, such error was harmless in light of the overwhelming evidence of defendant’s guilt (People v Bryant, 72 AD2d 568 ). Concur — Sullivan, J.
Cited 3 timesPublished203 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1994
The court delivered an extensive charge on identification which included all of the required elements (see, People v Whalen, 59 NY2d 273 ; People v Daniels, 88 AD2d 392 ; 1 CJI[NY] 10.01, at 583).
Cited 2 timesPublished207 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1994
Reversal, therefore, is not required (see, People v Castro-Garcia, 203 AD2d 899 ). … 961 ; People v Gessner, 188 AD2d 1079 , lv denied 81 NY2d 1073 ).
Cited 3 timesPublished3 A.D.2d 696 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1957
People v. Raymondi, 180 Misc. 973 .) Any holding to the contrary, as in People v. Jackson ( 2 Misc 2d 521 ) we do not approve.
Cited 1 timesPublished98 A.D.3d 898 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2012
Instead, it should have fixed a charging lien based upon the account stated (see Tunick v Shaw, 45 AD3d 145, 149 [1st Dept 2007]; Bartning v Bartning, 16 AD3d at 250 ). … Since the record here does not show that there has been a final judgment in this action, the law firm’s request for a money judgment was properly denied (see Squitieri v Squitieri, 77 AD3d 428, 428 [2010]).
Cited 12 timesPublished298 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2002
Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v Gaimari, 176 NY 84, 94 ). … We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count (see People v Spence, 290 AD2d 223 , lv denied 98 NY2d 641 ; People v Kulakov, 278 AD2d 519 , lv denied 96 NY2d 785 )
Cited 1 timesPublished32 A.D.3d 1211 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court (Riddell v Brown, *1212 8 Misc 3d 1016[A] , 2005 NY Slip Op
Cited 0 timesPublished32 A.D.3d 1213 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006
. *1214 It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court (Riddell v Brown, 8 Misc 3d 1016[A] , 2005 NY Slip
Cited 0 timesPublished286 A.D.2d 508 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 2001
There was sufficient evidence to support the hearing court’s determination that the defendant’s statements were voluntary (see, People v May, 263 AD2d 215, 219 ; People v Howard, 256 AD2d 1170 ; People v Rodriguez, 231 AD2d … 650 ; People v Ragin, 224 AD2d 642 ).
Cited 2 timesPublished186 A.D.2d 142 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1992
By dropping the plastic bag and walking away, the defendant abandoned it (see, People v McCants, supra; People v Thomas, 161 AD2d 1167 ; People v Kosciusko, 149 AD2d 620 ). … 176 NY 84, 94 ; see also, People v Nieves, 143 AD2d 229 ; People v Storm, 114 AD2d 477 ).
Cited 3 timesPublished138 A.D.3d 661 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 2016
Servs., Inc. v 83-17 Broadway Corp., 126 AD3d 752, 754 [2015]; Hothan v Mercy Med. Ctr., 105 AD3d 905 , 905-906 [2013]; cf. … Cos., LLC v Carbone, 134 AD3d 890, 893 [2015]).
Cited 10 timesPublished159 A.D.2d 1011 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1990
Disagreement over trial strategy or tactics does not render counsel’s assistance ineffective (see, People v Montana, 71 NY2d 705, 708 ). … Defendant was properly sentenced as a second violent felony offender (see, Penal Law § 70.04 [1] [b] [i]; People v Morse, 62 NY2d 205, 213 ; People v Gonzalez, 61 NY2d 586, 589 ; cf, People v Muniz, 74 NY2d 464 ).
Cited 2 timesPublished276 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2000
However, on the facts presented, the search was rationally and reasonably related to the performance of the parole officer’s duties (see, People v Huntley, 43 NY2d 175 ).
Cited 3 timesPublished124 A.D.3d 675 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2015
Counsel’s application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. … People v Gonzalez, 47 NY2d 606 [1979]). Dillon, J.P., Dickerson, Roman and Sgroi, JJ., concur.
Cited 0 timesPublished
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