Case law

Brown v. Brown

57 A.D.2d 1020 · Appellate Division of the Supreme Court of the State of New York · May 19, 1977

Whatever the practice may have been prior to adoption of the Domestic Relations Law (see Baker v Baker, 17 AD2d 924 ; Sussman v Sussman, 13 AD2d 464), we are aware of no current statutory or decisional authority that precludes

People v. Brown

245 A.D.2d 1098 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1997

We reject the contention of defendant that the sentence imposed is unconstitutional (see, People v Broadie, 37 NY2d 100, 125 , cert denied 423 US 950 ). … While an enhanced sentence *1099 is justified based on defendant’s failure to appear following the two-week period, we conclude, however, that the sentence is unduly harsh (see generally, People v Farrar, 52 NY2d 302, 305

Brown v. Braun

240 A.D.2d 663 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1997

respondent Evelyn Braun, a Justice of the Supreme Court, from enforcing an order of the Supreme Court, Queens County, dated March 28, 1996, which granted the motion of the defendant in a criminal action entitled People v

Brown v. Hall

255 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 1998

of mandamus, inter alia, to compel a Justice of the Supreme Court, Kings County, to render a determination of the petitioner’s motion pursuant to CPL 440.10 to vacate his conviction in a criminal action entitled People v

People v. Brown

230 A.D.2d 919 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1996

When both of these requirements are satisfied, 'the true nature of the object displayed is, as concerns criminality, irrelevant’ ” (People v Bynum, 125 AD2d 207, 209 , affd 70 NY2d 858 ). … 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 on the convictions

People v. Brown

212 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 1995

Kentucky, 476 US 79 ; People v Kern, 75 NY2d 638 , cert denied 498 US 824 ). … While a trial court is generally in the best position to evaluate whether a racially neutral explanation for the exercise of a peremptory challenge is pretextual (see, Hernandez v New York, 500 US 352 ; People v Dixon, 202

People v. Brown

175 A.D.2d 955 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1991

Vivenzio, 62 NY2d 775; People v McIntyre, 36 NY2d 10, 14, 17-18 ). … Furthermore, defendant voluntarily lost his right to be present at sentencing when he refused to appear (see, People v Corley, 67 NY2d 105, 109-110 ; Matter of Root v Kapelman, 61 AD2d 131, 135, lv denied 47 NY2d 706 ). defendant

People v. Brown

217 A.D.2d 703 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 1995

Contrary to the defendant’s argument, this conduct by the court did not constitute the "rendering” of a "verdict” (see, Matter of Oliver v Justices of N. Y. … Supreme Ct, 36 NY2d 53 ; People v McBride, 203 AD2d 86, 87 ), and the defendant’s presence was not required at that point (People v McBride, supra).

People v. Brown

6 A.D.3d 1210 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2004

The court, however, lacked revisory or appellate jurisdiction to vacate its own order, sua sponte (see Osamwonyi v Grigorian, 220 AD2d 400, 401 [1995]; see also Herpe v Herpe, 225 NY 323, 327 [1919]). … Matter of Lockett v Juviler, 65 NY2d 182 , 186-187 [1985]; Matter of Lyons v Goldstein, 290 NY 19, 25 [1943]).

People v. Brown

59 A.D.2d 928 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1977

Buico v. Brown

250 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · May 4, 1998

actions to the trial calendar was barred by a stipulation of settlement which had been entered into by the parties to the action commenced in the Supreme Court, Richmond County, under Index Number 4328/91 entitled Buico v … Brown (see, General Obligations Law § 15-108 [b], [c]).

People v. Brown

235 A.D.2d 589 · Appellate Division of the Supreme Court of the State of New York · Jan 2, 1997

, 69 NY2d 490, 495 ; People v Cancer, 232 AD2d 875, 876 ; People v Page, 225 AD2d 831 , Iv denied 88 NY2d 883 ). … Furthermore, upon the exercise of our factual review power, we conclude that the jury’s verdict was not against the weight of the evidence (see, People v Bleakley, supra; People v Page, supra).

Brown v. Sherman

44 N.Y.S. 1112 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1897

The bill of sale bears date the 11th day of April, 1883, and one of the considerations for the transfer of the property mentioned therein was the agreement of Clark to board and care for the vendor, Brown, and his family, … Brown read the bill of sale, and knew its contents.

People v. Brown

282 A.D.2d 312 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 2001

court properly permitted the prosecutor to impeach defendant with pre-trial statements made by his prior defense counsel in open court in defendant’s presence which conflicted with defendant’s trial testimony (see, People v … Rivera, supra, with People v Cassas, 84 NY2d 718 ).

People v. Brown

119 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1986

Accordingly, it was proper for the court to find the defendant guilty of depraved indifference murder rather than manslaughter (see, People v Register, 60 NY2d 270 , cert denied 466 US 953 ; People v McNeeley, 77 AD2d 205

Brown v. Millspaugh

156 A.D. 339 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 1913

Brown’s 3 daughters $600 each per year, in quarterly payments.” It is to establish a trust in reference to this provision that this action is brought, and judgment has been given accordingly. … Millspaugh took possession of the property, probated the will, occupied the testator’s house, delivered no letter to Sanxay, took the stock from the bank and made no revelation of the letter to the decedent’s son until Judge Brown

Brown v. Millspaugh

181 A.D. 939 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1917

People v. Brown

277 A.D.2d 987 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2000

Memorandum: Defendant appeals from a resentence in connection with his conviction of robbery in the first degree (see, People v Brown, 261 AD2d 890 ). The resentence is not unduly harsh or severe. … contention of defendant that County Court erred in denying his CPL 440.10 motion is not properly before us because defendant did not obtain leave to appeal from the order denying that motion (see, CPL 450.15 [1]; 460.15; People v

Brown v. State

236 A.D.2d 877 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1997

Brown v. State

215 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · May 11, 1995