Case law

People v. Brown

158 A.D.2d 375 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1990

immediately (People v Love, 57 NY2d 1023 ).” … (People v Watts, 57 NY2d 299 .)

People v. Brown

24 A.D.3d 213 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2005

Mendoza, 82 NY2d 415, 432-433 [1993]; People v Gomez, 67 NY2d 843 [1986]; see also People v Whitfield, 81 NY2d 904, 906 [1993]). … The procedure under which defendant was adjudicated a persistent felony offender is constitutional (People v Rivera, 5 NY3d 61 [2005], cert denied — US —, 126 S Ct 564 [2005]; People v Rosen, 96 NY2d 329 [2001], cert denied

People v. Brown

147 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1989

Further, because the defendant himself sought to have the jury trial terminated he waived his present claim that the subsequent bench trial constituted double jeopardy (see, United States v Scott, 437 US 82 ; People v Ferguson … , 67 NY2d 383 ; People v Lawton, 134 AD2d 454 ; CPL 40.30 [3]).

People v. Brown

240 A.D.2d 163 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1997

initial detention of defendant was based on reasonable suspicion that defendant was involved with the shots that had evidently just been fired, notwithstanding the absence of a description of any perpetrators (see, People v … Dickerson, 238 AD2d 147 ; People v Richardson, 227 AD2d 237 , lv denied 88 NY2d 993 ), and the ensuing events permitted the seizure of the weapon.

Kilroy v. Brown

190 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1993

Assocs. v State Div. of Human Rights, 45 NY2d 176, 179 ). The eyewitness promptly reported the incident within minutes. … Moreover, petitioner failed to prove that the complainant’s testimony was incredible (Matter of Pell v Board of Educ., 34 NY2d 222 ). Nor do we find the penalty imposed to be unduly harsh. Concur — Carro, J.

Flannagan v. Brown

211 A.D. 847 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1924

Colburn v. Brown

23 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1965

and Murray Brown, defendants in Actions 1, 2 and 4, to change the venue of Actions 1, 2, 4 and 5 from Kings County to Sullivan County, and a further provision directing that the venue of the five actions as consolidated … Under all these circumstances, it was an improvident exercise of discretion for the Special Term to fix the venue in Kings County, rather than in Sullivan County (Lopez v. Totillo, 18 A D 2d 1107; Engel v.

Hurley v. Brown

184 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1992

Petitioner having failed to exhaust his administrative remedies, the petition must be dismissed (Matter of Murphy v New York State Educ. Dept., 148 AD2d 160, 164-165 ). Concur— Rosenberger, J.

People v. Brown

291 A.D.2d 822 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2002

Ennis v. Brown

1 A.D. 22 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

.: The action was brought for an accounting and resulted in a decree settling the accounts of the defendant Brown and directing a sale of the premises affected by this order. … (King v. Townshend, 141 N. Y. 358 .)

People v. Brown

153 A.D.2d 754 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 1989

NY2d 636 ; People v Pendergrass, 115 AD2d 497 ). … There has been no showing of prejudice (see, People v Harris, *755 61 NY2d 9 ; People v Nixon, 21 NY2d 338 ; People v Dixon, 119 AD2d 831 ; People v Colon, 77 AD2d 370 ).

People v. Brown

147 A.D.2d 651 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1989

. *652 This court has previously considered and rejected some of the issues now raised by the defendant on the appeal of his codefendant Anthony Finley, with whom he was jointly tried (see, People v Finley, 145 AD2d 434 )

Brown v. Labus

19 A.D.2d 554 · Appellate Division of the Supreme Court of the State of New York · May 27, 1963

Y. v. Ryan, 23- 8 App. Div. 607 ; Drummond v. Dolan, 155 App. Div. 449 ;' Commissioner of *555 Public Welfare of City of N. T. v. Koiel, 256 App. Div, 352 ). ITglietta, Acting P.

People v. Brown

267 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1999

We agree with County Court’s conclusion that the informant’s reliability and the basis of his knowledge were sufficiently established in the warrant application (see, Spinelli v United States, 393 US 410 ; Aguilar v Texas … Johnson, 66 NY2d 398, 403-404 ; People v Rodriguez, 52 NY2d 483, 489 ).

Lubrano v. Brown

251 A.D.2d 383 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1998

The defendant’s motion papers failed to demonstrate a prima facie case that the plaintiff’s alleged hearing loss was not causally related to the subject accident (see, Minori v Hernandez Trucking Co., 239 AD2d 322 ; see also … , Feuerman v Achtar, 246 AD2d 577 ; Fouad v Riser, 246 AD2d 508 ).

People v. Brown

267 A.D.2d 1051 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1999

cross-examine the officer with respect to his observations, and it was within the sound discretion of the court to prohibit questions seeking to ascertain why the other participant in the transaction was not arrested (see, People v … The proper exercise of the court’s discretion “in determining the extent of the cross-examination * * * should not be disturbed” (People v Greer, 42 NY2d 170, 176 ).

Greenan v. Brown

140 A.D.2d 488 · Appellate Division of the Supreme Court of the State of New York · May 16, 1988

State of New York, 46 NY2d 1043, 1044 ; Parvi v City of Kingston, 41 NY2d 553 , 559-560; Derdiarian v Felix Contr. … P., Brown, Hooper and Balletta, JJ., concur.

People v. Brown

111 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · May 20, 1985

Defendant’s conviction of felony murder must stand because the victim was killed in the course of the burglary (see, People v Joyner, 26 NY2d 106 ).

Weiss v. Brown

201 A.D. 560 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1922

The agreement then provides that Brown and Kaufman “ for the accommodation of the said Jacob Weiss will each make and deliver his respective promissory note in the sum of $12,500 payable at the end of six months; ” and that … It may, however, not be amiss to quote from Banque Franco-Americaine v. Bergstrom ( 171 App. Div. 870 ; affd., 225 N. Y. 710 ).

People v. Brown

214 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1995

Santano, 187 AD2d 618, 619 ; People v Fiedorczyk, 159 AD2d 585, 586 ). … Given the uncertainty of the source of the statements in the police report (see, People v Santano, supra), the trial court’s exclusion of the report was not an improvident exercise of discretion.