Case law

O'Hara v. Brown

193 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · May 27, 1993

Assocs. v State Div. of Human Rights, 45 NY2d 176 ). It is for the administrative agency, not the court, to resolve issues of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 ). … Vega v Smith, 66 NY2d 130 .) We have considered petitioner’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Carro, Ellerin and Wallach, JJ.

People v. Brown

29 A.D.3d 443 · Appellate Division of the Supreme Court of the State of New York · May 23, 2006

740 [2004]; People v Machado, 300 AD2d 16 [2002], lv denied 99 NY2d 630 [2003]). … v Samuels, 49 NY2d 218, 221 [1980]; see also People v Kinchen, 60 NY2d 772, 773 [1983]), and we decline to review this unpreserved claim in the interest of justice.

People v. Brown

200 A.D.2d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1994

Without objection, the trial court improperly charged the jury in the conjunctive rather than in the alternative (People v Gallagher, 69 NY2d 525 ). … Under the cir *436 cumstances, the court made an adequate inquiry of defendant’s request (People v Sides, 75 NY2d 822, 824 ).

People v. Brown

201 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 1994

The charge as a whole conveyed the appropriate legal principles (People v Coleman, 70 NY2d 817, 819 ). … Wesley, 76 NY2d 555 ), and fairly comported with the requirements of Penal Law § 35.15 (see, People v Madden, 171 AD2d 558, 559 , lv denied 78 NY2d 969 ).

People v. Brown

240 A.D.2d 281 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1997

We find no reason to disturb the jury’s credibility findings (People v Corporan, 169 AD2d 643 ). … The court properly permitted the People to introduce rebuttal evidence (see, People v Cade, 73 NY2d 904 ), which rebutted defendant’s claim of lawful possession of the weapon as well as the presence at the scene of defendant

People v. Brown

175 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 1991

(See, People v Rojas, 61 NY2d 726, 727 .) … (People v Page, 72 NY2d 69 .)

People v. Brown

188 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1992

We conclude that the evidence, viewed in a light most favorable to the People (see, People v Manini, 79 NY2d 561, 568-569 ; People v Contes, 60 NY2d 620, 621 ), established only that defendant possessed a key to the building … Manini, supra, at 573; People v Pearson, 75 NY2d 1001, 1002 ; People v Hill, 182 AD2d 1087, 1087-1088 , lv denied 80 NY2d 895 ; cf., People v Torres, 68 NY2d 677 ; People v Mejie, 186 AD2d 155 ). *932 Finally, defendant’s

People v. Brown

233 A.D.2d 947 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1996

By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not knowingly, intelligently and voluntarily made (see, People v … Downing, 225 AD2d 1094 , lv denied 88 NY2d 846 ; People v Jordan, 215 AD2d 257 , lv denied 87 NY2d 847 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice

Brown v. Divine

254 A.D. 671 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1938

People v. Brown

70 A.D.2d 1043 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1979

Duffy, 36 NY2d 258 ; People v Kass, 25 NY2d 123 ; People v Schwartzman, 24 NY2d 241 , cert den 396 US 846 ). … Cross-examination as to such prior acts will not be permitted when the obvious intent is to show a propensity to commit the same crime for which the defendant is on trial (People v Duffy, supra; People v Schwartzman, supra

People v. Brown

208 A.D.2d 941 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1994

Accordingly, it was improper for the court to impose an increased sentence when the defendant failed to successfully complete the program, without affording her an opportunity to withdraw her plea (see, People v Rodney E. … , 77 NY2d 672 ; People v Johnson, 197 AD2d 638 ; People v Spina, 186 AD2d 9 ).

People v. Brown

220 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1995

However, upon our review of the record, we do not find reversible summation error (see, People v Galloway, 54 NY2d 396, 401 ) and we conclude that the court’s charge concerning weighing the credibility of witnesses, when

Brown v. May

5 A.D.3d 1065 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2004

People v. Brown

190 A.D.2d 813 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1993

662 ; People v Pellegrino, 60 NY2d 636 ). … v Gerber, 182 AD2d 252 ).

Brown v. State

250 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · May 26, 1998

Wesley, 76 NY2d 555 ; People v Goetz, 68 NY2d 96 ). … v State of New York, 186 AD2d 794 ).

People v. Brown

92 A.D.2d 872 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1983

P., O’Connor, Brown and Rubin, JJ., concur.

People v. Brown

272 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · May 1, 2000

This waiver precludes appellate review of his claim that the enhanced sentences were excessive (see, People v Miles, 268 AD2d 489 ). Mangano, P. J., O’Brien, Thompson, Krausman and Feuerstein, JJ., concur.

Brown v. Collora

278 A.D.2d 266 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2000

leave to amend his answer to assert the affirmative defense of the Workers’ Compensation Law, as the defense appears to be meritorious and the plaintiff failed to establish prejudice or surprise (see, CPLR 3025 [b]; Murray v … Contrary to the plaintiffs’ contention, the Supreme Court did not conclude that the plaintiff Michael Brown and the defendant third-party plaintiff were “in the same employ” within the meaning of Workers’ Compensation Law

Brown v. Terry

67 A.D. 223 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

Similar to this is the case of Kimmer v. Weber ( 151 N. … (Perry v. Rogers, 157 N. Y. 251 ; Loughlin v. State of New York, 105 id. 159.) The present case is within these decisions.

People v. Brown

284 A.D.2d 156 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2001

The caller’s version of the events was corroborated in considerable detail (see, People v Vasquez, 88 NY2d 561, 575-577 ; People v Brown, 80 NY2d 729, 737 ), and the alleged discrepancies between the caller’s account and … Roberts, 448 US 56, 66 ; People v Kello, 96 NY2d 740, 743-744 ).