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56 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1977
The agents then climbed up the fire escape, entered the apartment through the sixth floor window and found defendant herein, Arthur Brown, in the process of flushing narcotics down the toilet. … (See, also, Rice v Wolff, 388 F Supp 185 , affd 513 F2d 1280, cert granted 422 US 1055 .) Concur—Murphy, J. P., Lupiano, Silverman, Lane and Yesawich, JJ.
Cited 3 timesPublished121 A.D.2d 460 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1986
This court affirmed the judgment (see, People v Brown, 92 AD2d 872 ). … This court has already considered the defendant’s sentence and, therefore, need not do so again (see, People v Brown, 92 AD2d 872 , revd on other grounds, 62 NY2d 743 , supra). Thompson, J.
Cited 1 timesPublished161 A.D.2d 777 · Appellate Division of the Supreme Court of the State of New York · May 29, 1990
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. … Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ).
Cited 1 timesPublished179 A.D.2d 1073 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1992
Gibstein, 138 AD2d 193, 210 , revd on other grounds 73 NY2d 912 ; see generally, Gonzalez v New York City Hous. … Accordingly, the order should be reversed and a new trial granted on the issue of damages (see, Eisleben v Torchia-Reile, 178 AD2d 940 ).
Cited 2 timesPublished12 A.D.3d 1194 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 2004
Matter of Kraemer v County Ct. of Suffolk County, 6 NY2d 363, 367-368 [1959]). … County, 36 NY2d 949 [1975]; Matter of Cummings v Koppell, 212 AD2d 11, 15 [1995], lv denied 86 NY2d 702 [1995]; Matter of Valenti v Mark, 59 AD2d 651 [1977], lv denied 43 NY2d 642 [1977]).
Cited 1 timesPublished177 A.D.2d 446 · Appellate Division of the Supreme Court of the State of New York · Nov 26, 1991
Weisz v Levitt, 59 AD2d 1002, 1003 ). … Kelly, 71 NY2d 135, 143-144 ; Matter of Jones v Ward, 166 AD2d 323 ).
Cited 1 timesPublished209 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1994
(see, People v Morales, 162 AD2d 128 ; cf., People v Gordon, 76 NY2d 595 ). … Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]; see also, People v Ortiz, 170 AD2d 396 ).
Cited 4 timesPublished290 A.D.2d 276 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2002
Boettcher, 69 NY2d 174, 180 ; People v Richette, 33 NY2d 42, 45-46 ). … The court properly instructed the jury on the order in which to consider the counts charged (see, People v Helliger, 96 NY2d 462 ). We perceive no basis for reduction of sentence.
Cited 1 timesPublished2021 NY Slip Op 07447 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2021
People v Brown ( 2021 NY Slip Op 07447 ) People v Brown 2021 NY Slip Op 07447 Decided on December 23, 2021 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … TRAMMELL BROWN, DEFENDANT-APPELLANT.
Cited 0 timesPublished205 A.D.2d 436 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1994
We find that some inquiry into defendant’s allegations was required and that he should have been allowed an opportunity to set forth his contentions (see, People v Fiumefreddo, 82 NY2d 536, 543-544 , citing People v Tinsley … Accordingly, we hold the appeal in abeyance and remand for further proceedings so that a record may be developed and in which defendant may be represented by new counsel who does not have a potential conflict of interest (People v
Cited 2 timesPublished39 A.D.3d 450 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2007
Corp., 304 AD2d 717 [2003]; Hopkins v Statewide Indus. Catering Group, 272 AD2d 577 [2000]; Eisenberg v Lunch Boy, 256 AD2d 93 [1998]). … Burmester, 37 AD3d 668 [2007]; Korina v New York City Tr.
Cited 18 timesPublished128 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1987
However, the alleged instances of misconduct, some of which are unpreserved for appellate review, do not warrant reversal (see, People v Galloway, 54 NY2d 396 ; People v Roopchand, 107 AD2d 35, affd 65 NY2d 837 ; People v … P., Bracken, Brown and Spatt, JJ., concur.
Cited 1 timesPublished52 A.D.3d 367 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 2008
contemporaneous range of motion limitations in his cervical and lumbar spine resulting from the accident, and therefore fails to raise an issue of fact as to whether his injuries were permanent or significant (see Thompson v
Cited 1 timesPublished66 A.D. 367 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1901
Thus in Brinckerhoff v. Bostwick ( 99 N. … In Bacon v. Dinsmore ( 42 How.
Cited 2 timesPublished194 A.D.2d 443 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1993
Judgments, Supreme Court, Bronx County (Frank Torres, J., at jury trial), rendered November 26, 1991, convicting defendant Brown of rape in the first degree and sentencing him to a term of IV2 to 22 V2 years imprisonment, … Since the "reasonably thorough inquiry” mandated by People v Page ( 72 NY2d 69, 73 ) never took place, reversal of these convictions and a new trial are required (People v Celestin, 150 AD2d 385 ).
Cited 5 timesPublished49 A.D.3d 588 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 2008
would warrant denial of the defendant’s motion for summary judgment dismissing the complaint, and a reasonable justification for the failure to have presented such facts at that time (see CPLR 2221 [e] [2], [3]; Madison v … Claire v Gaskin, 295 AD2d 336, 337 [2002]). Here, the plaintiff did not provide a reasonable justification for her failure to proffer the alleged new facts in opposition to the defendant’s prior motion.
Cited 12 timesPublished37 A.D.2d 623 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1971
In our opinion, the evidence against defendant was insufficient to establish his guilt of conspiracy to commit robbery beyond a reasonable doubt (see People v. Chaplin, 8 A D 2d 286).
Cited 1 timesPublished38 A.D.3d 795 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2007
No juror was questioned or excused in the absence of the court (see People v Toliver, 89 NY2d 843 [1996]; People v Pinkney, 272 AD2d 52 [2000]). … Under the circumstances, the record does not demonstrate that there was an improper delegation of judicial authority by the trial court (see People v Pulido, 278 AD2d 254 [2000]).
Cited 1 timesPublished254 A.D.2d 57 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1998
The court properly refused to instruct the jury specifically as to the victim’s lack of candor about an unrelated arrest, since the court’s standard falsus in uno charge sufficiently covered this issue (see, People v Saunders
Cited 1 timesPublished112 A.D.2d 13 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1985
People v Bones, 103 AD2d 1012 ).
Cited 2 timesPublished
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