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215 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · May 11, 1995
Cited 0 timesPublished231 A.D.2d 636 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1996
Cited 0 timesPublished169 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 1991
The Hearing Officer accorded petitioner a full opportunity to establish his defense of mistaken identity and the additional witnesses’ testimony was irrelevant (see, Matter of Irby v Kelly, 161 AD2d 860, 861 ). … Moreover, petitioner was not entitled to engage in further *876 questioning in the nature of cross-examination (see, Matter of Laureano v Kuhlmann, 75 NY2d 141, 146 ).
Cited 1 timesPublished168 A.D.2d 357 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1990
(See, People v Brown, 129 AD2d 450 .) … No reasonable view of the evidence supports a conclusion that defendant committed the lesser, but not the greater offense (People v Green, 56 NY2d 427 ).
Cited 1 timesPublished202 A.D.2d 1003 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1994
Same Memorandum as in People v Williams ( 202 AD2d 1004 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Kubiniec, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present — Pine, J.
Cited 1 timesPublished307 A.D.2d 933 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 2003
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated June 10, 2002 (.People v Brown, 295 AD2d 442 [ … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]). Feuerstein, J.P., Goldstein, McGinity and Crane, JJ., concur.
Cited 1 timesPublished233 A.D. 831 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1931
.; Merrell, J., dissents and votes for affirmance on the authority of Shaw v. Samley Realty Co., Inc. ( 201 App. Div. 433 ). The date for the examination to proceed to be fixed in the order. Settle order on notice.
Cited 1 timesPublished44 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.
Cited 1 timesPublished53 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1976
A Trial Judge indulging in such conduct interferes with the orderly development of the case by preempting the role of counsel (see People v Woods, 39 NY2d 852 , revg on the dissenting memorandum of Mr. … Justice Martuscello in 48 AD2d 708 ; People v Matos, 46 AD2d 903 ; People v Sostre, 37 AD2d 574 ). Hence, a reversal is mandated. Hopkins, Acting P. J., Latham, Cohalan, Titone and Hawkins, JJ., concur.
Cited 1 timesPublished206 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1994
Cited 0 timesPublished208 A.D.2d 762 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1994
Allen, 82 NY2d 761 ; People v Moissett, 76 NY2d 909 ). … Accordingly, appellate review of the issues raised by the defendant was effectively waived by him as part of his plea bargains (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). Thompson, J.
Cited 1 timesPublished63 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · May 26, 1978
Greer, 42 NY2d 170, 174 ; People v Johnson, 39 NY2d 364, 367 ). … , 41 NY2d 233 , 236, supra; People v Asan, 22 NY2d 526 ; People v Battle, 22 NY2d 323 ).
Cited 1 timesPublished184 A.D.2d 776 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1992
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. … We have reviewed the defendant’s remaining contentions and find that they do not warrant reversal (see, People v James, 100 AD2d 552 ; People v Wicker, 72 AD2d 611 ; see also, People v Anderson, 136 AD2d 712 ; People v Chandler
Cited 2 timesPublished130 A.D.2d 675 · Appellate Division of the Supreme Court of the State of New York · May 18, 1987
Singer, 44 NY2d 241 , 252-255; People v Hoff, 110 AD2d 782 ). … P., Brown, Rubin and Spatt, JJ., concur.
Cited 1 timesPublished204 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · May 31, 1994
In any event, the contention is without merit (see, People v Malloy, 55 NY2d 296 , cert denied 459 US 847 ; People v Rowe, 172 AD2d 701 ; People v Baucom, 154 AD2d 688 ), and the charge as a whole conveyed the proper standard … to the jury (see, People v Canty, 60 NY2d 830 ).
Cited 1 timesPublished248 A.D.2d 1017 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1998
We disagree (see, People v Bleakley, 69 NY2d 490, 495 ). Supreme Court did not abuse its discretion in denying defendant’s motions for a mistrial. … Further, the isolated comments were not so egregious as to deprive defendant of a fair trial (see, People v Rubin, 101 AD2d 71, 77 , Iv denied 63 NY2d 711 ; cf, People v Mott, 94 AD2d 415, 419 ).
Cited 1 timesPublished79 A.D.3d 955 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2010
The plaintiffs Arthur Bratone, Ronald Bratone, and Steven Bratone collectively own 50% of VSI stock, and the defendants Linda Conforti-Brown and Martha Conforti own the remaining 50% of VSI stock. *957 The plaintiffs commenced … State of New York, 234 NY 309, 316 [1922]; see Goldschmidt v Ford St., LLC, 58 AD3d 803, 805 [2009]; Koudellou v Sakalis, 29 AD3d at 640 ; Kings Park Yacht Club, Inc. v State of New York, 26 AD3d 357 [2006]; Forsyth v Clauss
Cited 12 timesPublished113 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014
& Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; Osario v BRF Constr. … Kershaw v Hospital for Special Surgery, 114 AD3d 75 [1st Dept 2013] [motion incorrectly denominated a cross motion, untimely filed, will not be considered absent good cause shown]).
Cited 6 timesPublished192 A.D.2d 479 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1993
Cited 0 timesPublished212 A.D.2d 675 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1995
Cited 0 timesPublished
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