Case law

Brown v. Apple

119 A.D.3d 1295 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 2014

Pursuant to the cited statute, petitioner was not entitled to have this time also credited against his 1993 sentence (see Matter of Booker v Laffin, 98 AD3d 1213, 1213-1214 [2012]; Matter of Murphy v Wells, 95 AD3d 1575, … Moultrie v Yelich, 95 AD3d 1571, 1572-1573 [2012]). Accordingly, we find no error in the computation of petitioner’s jail time credit.

Mack v. Brown

82 A.D.3d 133 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2011

manager, Santos Rivera, stated in an affidavit that for a body to be cremated, a funeral home must obtain an authorization from the decedent’s family, and must also obtain permission for the cremation from the New York City Board … Vineyard, 61 NY2d 106, 110-111 [1984]; Masi v Kir Munsey Park 020 LLC, 76 AD3d 514 [2010]; Piedra v Matos, 40 AD3d 610, 611-612 [2007]; Piltser v Donna Lee Mgt.

People v. Brown

115 A.D.3d 1204 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 2014

Because defendant waived his right to appeal, however, he is precluded from asking us to modify his sentence as a matter of discretion in the interest of justice (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Suttles … People v Hidalgo, 91 NY2d 733, 737 [1998]).

People v. Brown

148 A.D.3d 1562 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

833, 835 [1998], lv denied 92 NY2d 858 [1998]; see People v De Bour, 40 NY2d 210, 215 [1976]). … McKinley, 101 AD3d 1747 , 1748 [2012], lv denied 21 NY3d 1017 [2013]; People v Chin, 25 AD3d 461, 462 [2006], lv denied 6 NY3d 846 [2006]; see generally People v Jones, 90 NY2d 835, 837 [1997]).

Morocho v. Brown

2022 NY Slip Op 05035 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 2022

Morocho v Brown ( 2022 NY Slip Op 05035 ) Morocho v Brown 2022 NY Slip Op 05035 Decided on August 24, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … Morocho, respondent, v Kamar N. Brown, et al., appellants. Molod Spitz & DeSantis, P.C., New York, NY (Robert A. Von Hagen of counsel), for appellants.

People v. Brown

2022 NY Slip Op 06889 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 2022

People v Brown ( 2022 NY Slip Op 06889 ) People v Brown 2022 NY Slip Op 06889 Decided on December 06, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 4977/10 Appeal No. 16806 Case No. 2021-00284 [*1]The People of the State of New York, Respondent, v Boris Brown, Defendant-Appellant. Robert S. Dean, Center for Appellate Litigation, New York (David J.

Brown v. Fischer

73 A.D.3d 1362 · Appellate Division of the Supreme Court of the State of New York · May 20, 2010

Petitioner is precluded from challenging the determination of guilt with regard to those charges he pleaded guilty to (see Matter of McMoore v Bezio, 67 AD3d 1218 [2009]; Matter of Dancy v Goord, 58 AD3d 922, 923 [2009]). … to bring the marihuana into the facility (see Matter of Sanders v LaClair, 67 AD3d 1226, 1227 [2009]).

People v. Brown

2022 NY Slip Op 06889 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 2022

People v Brown ( 2022 NY Slip Op 06889 ) People v Brown 2022 NY Slip Op 06889 Decided on December 06, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 4977/10 Appeal No. 16806 Case No. 2021-00284 [*1]The People of the State of New York, Respondent, v Boris Brown, Defendant-Appellant. Robert S. Dean, Center for Appellate Litigation, New York (David J.

People v. Brown

139 A.D.3d 1178 · Appellate Division of the Supreme Court of the State of New York · May 12, 2016

MEMORANDUM AND ORDER ERIK BROWN, Appellant. ________________________________ Calendar Date: March 23, 2016 Before: Peters, P.J., Lahtinen, Rose, Lynch and Aarons, JJ. … 896 [2010]; People v Lemke, 58 AD3d 1078, 1079 [2009]; People v Smith, 240 AD2d 949, 949 [1997], lv denied 91 NY2d 880 [1997]).

Brown v. Fischer

91 A.D.3d 1336 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2012

Vega v Smith, 66 NY2d 130, 139 [1985]). … Matter of Holmes v Senkowski, 238 AD2d 629 [1997]).

People v. Brown

142 A.D.3d 1373 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

The court properly determined that the officer was engaged merely in observation and was not in pursuit when he followed defendant into the store (see People v Feliciano, 140 AD3d 1776, 1777 [2016]; see generally People v … Cantor, 36 NY2d 106, 111 [1975]; see People v Lee, 96 AD3d 1522, 1527 [2012]).

People v. Brown

2025 NY Slip Op 07338 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2025

People v Brown (2025 NY Slip Op 07338) People v Brown 2025 NY Slip Op 07338 Decided on December 30, 2025 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Ind No. 924/84|Appeal No. 5474|Case No. 2023-01479| [*1]The People of the State of New York, Respondent, v Alvin Brown, Defendant-Appellant.

Pachan v. Brown

2022 NY Slip Op 02684 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2022

Pachan v Brown ( 2022 NY Slip Op 02684 ) Pachan v Brown 2022 NY Slip Op 02684 Decided on April 22, 2022 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … BROWN, DEFENDANT-RESPONDENT. VANDETTE PENBERTHY LLP, BUFFALO (BRITTANYLEE PENBERTHY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. HAGELIN SPENCER LLC, BUFFALO (SEAN M. SPENCER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Konrad v. Brown

91 A.D.3d 545 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2012

Ltd. v Google, Inc., 86 AD3d 32, 42 [2011]) as well as the lack of any implication that it was based on undisclosed facts in light of defendant’s reference to the videotape and transcript (see Steinhilber v Alphonse, 68 NY2d … 283, 289 [1986]; Guerrero v Carva, 10 AD3d 105, 112 [2004]), it was also pure opinion.

People v. Brown

147 A.D.3d 969 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2017

his plea of guilty because he did not receive the sentence that had been promised is unpreserved for appellate review because the defendant did not move for leave to withdraw his plea of guilty on that basis (see People v

Brown v. Smith

85 A.D.3d 1648 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2011

Defendant failed to meet his initial burden of establishing that he did not have actual or constructive notice of the lead-paint condition (see Harden v Tynatishon, 49 AD3d 604, 605 [2008]; Vidal v Rodriquez, 301 AD2d 517 … , 518 [2003]; Alexander v Westminster Presbyt.

People v. Brown

92 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2012

Clark, 15 AD3d 864, 865 [2005], lv denied 4 NY3d 885 [2005], 5 NY3d 787 [2005]; see generally People v Middleton, 54 NY2d 42, 48-49 [1981]). … Butler, 81 AD3d 484 [2011], lv denied 16 NY3d 893 [2011]; People v Clark, 76 AD3d 916 [2010], lv denied 15 NY3d 952 [2010]; People v Jurgensen, 288 AD2d 937, 938 [2001], lv denied 97 NY2d 684 [2001]).

People v. Brown

181 A.D.3d 1301 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2020

People v Brown ( 2020 NY Slip Op 01981 ) People v Brown 2020 NY Slip Op 01981 Decided on March 20, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … BROWN, DEFENDANT-APPELLANT. TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

Brown v. Fischer

77 A.D.3d 1004 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 2010

As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Johnson v Fischer, 67 AD3d 1217 [2009]).

People v. Brown

7 A.D.3d 831 · Appellate Division of the Supreme Court of the State of New York · May 6, 2004

Based upon the risk assessment instrument utilized by the Board of Examiners of Sex Offenders, defendant scored a 135, leading the Board to conclude that he was a violent sex offender and to recommend that he be classified … People v Dorato, 291 AD2d *833 580, 581 [2002]; People v Scott, 288 AD2d 763, 764 [2001]), a review of the case summary in the instant case discloses that the facts contained therein are based almost entirely on information