Case law

Brown v. Poritzky

35 A.D.2d 1007 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1970

People v. Brown

177 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1991

Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738 ) in which he moves to be relieved of the assignment to prosecute this appeal. Ordered that the motion is granted, Joseph S. … Under the circumstances, the motion of the defendant’s assigned counsel to be relieved is granted and new appellate counsel is assigned (see, People v Casiano, 67 NY2d 906 ; People v Gonzalez, 47 NY2d 606 ). Bracken, J.

Lukas v. Brown

181 A.D.2d 612 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1992

We agree with the IAS Court that this determination, based as it was on evaluations by Department experts, cannot be found to be a product of bad faith (see, Matter of Galas v Ward, 166 AD2d 275 ). … We would add that petitioner’s omission of material facts from her employment ápplication provides an independent basis for termination of her probationary employment (see, Matter of Ostoyich v State of New York, 99 AD2d

Cestone v. Brown

163 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1990

Corp. v Yarbrough, 104 AD2d 486 ; C&B Wholesale Stationery v De Bella Dresses, 43 AD2d 579 ; Costello v Hoffman, 30 AD2d 530 ). … Brown, J. P., Lawrence, Hooper and O’Brien, JJ., concur.

Montoya v. Brown

233 A.D.2d 374 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1996

the contention that the county designated was not a proper one (CPLR 510 [1]) was untimely since no demand to change venue was served with the answer or before the answer had been served (see, CPLR 511 [a], [bj; Newman v … The defendants’ submission was insufficient to support an exercise of the court’s discretion to change venue on that ground (see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169 ). Miller, J.

People v. Brown

278 A.D.2d 920 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2000

The court’s determination that there was no misconduct or prejudice must be afforded great weight and we see no basis to disturb it (see, People v Demetsenare, 243 AD2d 777, 778 , lv denied 91 NY2d 833 ; People v Pinckney … , 220 AD2d 539, 539-540, lv denied 87 NY2d 906 ; see also, People v Rodriguez, 71 NY2d 214, 219 ).

People v. Brown

159 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 ).

People v. Brown

159 A.D.2d 411 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1990

(Notably, we have already determined that the lineup was fair [People v Brown, 138 AD2d 983 ].) After six viewings, counsel spoke to defendant and left. … (See, People v Logan, 25 NY2d 184, 193 .) Defendant raises several claims which have not been preserved for review by this court as a matter of law, and we thus decline to reach them. (CPL 470.05 [2].)

Brown v. Schneider

32 A.D.2d 712 · Appellate Division of the Supreme Court of the State of New York · May 21, 1969

Devine v. Keller, 32 A D 2d 34, 36.) … Brown has been entered upon the verdict of no cause of action.

People v. Brown

124 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.

People v. Brown

104 A.D.2d 383 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 1984

of evidence which would have exonerated the defendant, without initially determining the good-faith basis for such questioning or holding a Bench conference to determine the reasons for the silence of the witness (People v … Dawson, 50 NY2d 311 ; People v Muniz, 89 AD2d 611 ; People v Reed, 83 AD2d 645 ).

Brown v. Lavine

47 A.D.2d 656 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1975

People v. Brown

264 A.D.2d 12 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000

We reject defendant’s contention that the term “parent” is ambiguous (see, Penal Law § 135.00 [3]; § 135.30) and that, pursuant to the rule of lenity (see, Matter of Kimberly H., 196 AD2d 192, 195 ; People v Jackson, 106

Brown v. Allen

23 A.D.2d 591 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1965

People v. Brown

177 A.D.2d 942 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1991

“In order to support a conviction for third degree criminal mischief, 'it is sufficient to define value in terms of the cost of repair to the property, so long as the property is repairable’ (People v Simpson, 132 AD2d 894 … , 895 , lv denied 70 NY2d 937 ; cf., People v Gaines, 136 AD2d 731, 734 , lv denied 71 NY2d 896 )” (People v Woodard, 148 AD2d 997, 998 , lv denied 74 NY2d 749 ).

Kuczka v. Brown

26 A.D.3d 789 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2006

People v. Brown

7 A.D.3d 726 · Appellate Division of the Supreme Court of the State of New York · May 17, 2004

It is well settled that a criminal defendant has no statutory or constitutional right to compel a complainant to undergo a pretrial psychological examination (see Matter of Brown v Blumenfeld, 296 AD2d 405 [2002]; People … As a general proposition, expert testimony is properly admitted to help lay jurors understand matters that are not ordinarily within their understanding (see People v Brown, 97 NY2d 500, 510 [2002]; People v Lee, 96 NY2d

People v. Brown

284 A.D.2d 406 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2001

—Appeal by the defendant from a resentence of the Supreme Court, Kings County (Starkey, J.), imposed March 9, 2000, upon remittitur from this Court (see, People v Brown, 268 AD2d 593 ). … Corrica, 243 AD2d 722 ; People v Smith, 232 AD2d 586 ; People v Dell'Orfano, 197 AD2d 587 ; People v Gaines, 136 AD2d 731, 733 ).

People v. Brown

195 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1993

Nevertheless, in light of the overwhelming evidence of guilt, we find that the prosecutorial misconduct constituted harmless error (see, People v Crimmins, 36 NY2d 230 ).

Kuechenmeister v. Brown

1 A.D. 56 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896