Case law

People v. Brown

285 A.D.2d 472 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2001

However, by failing to specifically object to these comments at trial, the defendant has not preserved his argument for appellate review (see, CPL 470.05 [2]; People v Balls, 69 NY2d 641 ). … In any event, any error must be deemed harmless in view of the overwhelming evidence of the defendant’s guilt (see, People v Brown, 223 AD2d 597 ; People v Clausell, 223 AD2d 598 ; People v Blackstock, 184 AD2d 775 ).

People v. Brown

283 A.D.2d 654 · Appellate Division of the Supreme Court of the State of New York · May 29, 2001

—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 August 18, 1997 (.People v Brown, 242 AD2d 337 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). O’Brien, J. P., Ritter, Altman and McGinity, JJ., concur.

BROWN, DENNIS, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DENNIS BROWN, DEFENDANT-APPELLANT. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (JOHN J. … McKinley, 101 AD3d 1747, 1748, lv denied 21 NY3d 1017; People v Chin, 25 AD3d 461, 462, lv denied 6 NY3d 846; see generally People v Jones, 90 NY2d 835, 837).

Young, Fenton, Kelsey & Brown v. Wein

111 A.D.3d 1194 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 2013

WYFK was thereafter renamed plaintiff Young, Fenton, Kelsey & Brown, EC. (hereinafter the Young firm). … Urtz v Grow and $3,513.20 in Palmieri v Peterson, and, as so modified, affirmed. .

Everett v. Brown

278 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 2000

A litigant may not raise an issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal that was dismissed for lack of prosecution (see, Bray v Cox, 38 NY2d 350 ). … The dismissal for lack of prosecution bars the instant appeal, which raises issues that could have been raised on the prior appeal (see, Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 ; Bray v Cox, supra).

Brown v. City of New York

289 A.D.2d 95 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2001

identified plaintiff in a lineup, it is clear, as a matter of law, that there was probable cause to arrest plaintiff, which circumstance is a complete defense to plaintiffs purported Federal claim for false arrest (Weyant v … Plaintiff has not alleged that the purported wrongful behavior was the result of a custom or policy utilized by defendants, as is required in a section 1983 action (Monell v Department of Social Servs. of City of N.

Claim of Brown v. City of Rome

66 A.D.3d 1092 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2009

Whether an employer-employee relationship exists is a factual issue for the Board, and its finding will be upheld if substantial evidence in the record supports it (see Matter of Long v Liberty Mut. Ins. … In our view, these facts constitute substantial evidence supporting the Board’s determination, notwithstanding the presence of evidence that could support a contrary result (see Matter of Jara v SMJ Envtl., Inc., 55 AD3d

Juseinoski v. Board of Education

15 A.D.3d 353 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2005

The defendants City of New York and Board of Education of the City of New York were served on January 17, 2003, and the defendant New York City School Construction Authority was served on February 4, 2003. … 2003]; Kaplinsky v Mazor, 307 AD2d 916 [2003]; Ennis v Lema, supra at 633 ; O’Shea v Bittrolff, 302 AD2d 439 [2003]; Meggett v Gibson, 302 AD2d 372, 373 [2003]; Cilindrello v Rayabin, 297 AD2d 699 [2002]; Andrade v Ranginwala

People v. Brown

277 A.D.2d 29 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2000

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459 ; People v Mattiace, 77 NY2d 269, 275-276 ; People v Pavao, 59 NY2d 282, 292

People v. Brown

70 A.D.3d 960 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2010

Viewing the totality of the evidence, the law, and the other circumstances of the case, the defendant received meaningful representation (see generally People v Benevento, 91 NY2d 708, 714 [1998]; People v Baldi, 54 NY2d … 137, 147 [1981]; see also People v Lane, 60 NY2d 748 [1983]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Taylor, 167 AD2d 363 [1990]).

Brown-Clarke v. City of New York

2025 NY Slip Op 02031 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 2025

Brown-Clarke v City of New York (2025 NY Slip Op 02031) Brown-Clarke v City of New York 2025 NY Slip Op 02031 Decided on April 08, 2025 Appellate Division, First Department Published by New York State Law Reporting Bureau … Index No. 20868/16|Appeal No. 4078-4079|Case No. 2024-01562, 2024-03802| [*1]Sonja Brown-Clarke, Plaintiff-Respondent, v The City of New York, Defendant, Riverbay Corporation, Defendant-Appellant.

People v. Brown

72 A.D.3d 445 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 2010

The content of the call establishes that it qualified under both the excited utterance (see People v Edwards, 47 NY2d 493, 497 [1979]) and present sense impression (see People v Brown, 80 NY2d 729 [1993]) exceptions to the … hearsay rule, and that it was not testimonial within the meaning of Crawford v Washington ( 541 US 36 [2004]) in that it was made “to enable police assistance to meet an ongoing emergency” (Davis v Washington, 547 US 813

People v. Brown

286 A.D.2d 687 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2001

The question is whether, viewed in the totality of the circumstances, the defense provided by counsel constituted meaningful representation (see, People v Benevento, 91 NY2d 708 ; People v Ellis, 81 NY2d 854 ). … Ineffective assistance of counsel may not be premised upon unsuccessful trial strategy by defense counsel (see, People v Baldi, 54 NY2d 137 ).

Urciuoli v. Town Board

51 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1976

Lizardo v. Board of Education

77 A.D.3d 437 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2010

The affidavit plaintiff submitted, by a “Sports Liability Consultant” and “Board Certified Forensic Examiner with a ‘Fellow Designation’ of the American College of Forensic Examiners,” fails to support the claim of negligence … In any event, the teacher’s duty of supervision is the same as that of a reasonably prudent parent (see Ohman v Board of Educ. of City of N.Y., 300 NY 306, 309 [1949]), and does not require strict compliance with formal rules

Brown v. Goord

283 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · May 10, 2001

Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808 ; Matter of Maldonado v Miller, 259 AD2d 912 ). Mercure, J.

Brown v. Cerrone

283 A.D.2d 934 · Appellate Division of the Supreme Court of the State of New York · May 2, 2001

Brown (plaintiff) when his boat collided with defendant’s boat. … v YMCA of Lockport, 206 AD2d 911, 912 ).

Martin v. Brown

69 A.D.3d 1194 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 2010

Gill v Greene, 12 NY3d 1, 4 [2009], cert denied sub nom. … Gill v Rock, 558 US —, 130 S Ct 86 [2009]; Matter of Tucker v New York State Dept, of Correctional Servs., 66 AD3d 1103, 1104 [2009]; Matter of Livingston v James, 66 AD3d 1096, 1097 [2009]; Matter of Dalton v James, 66 AD3d

BROWN, DIJON, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DIJON BROWN, DEFENDANT-APPELLANT. JEREMY D. SCHWARTZ, BUFFALO, FOR DEFENDANT-APPELLANT. … 21 NY3d 911; People v Ramirez, 44 AD3d 442, 443, lv denied 9 NY3d 1008).

Rotterdam Square v. Sear-Brown Associates

246 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1998

Accordingly, plaintiff was in privity of contract with defendants (see, Sanbar Projects v Gruzen Partnership, 148 AD2d 316, 319-320 ; Key Intl. Mfg. v Morse/Diesel, Inc., 142 AD2d 448, 455 ). … Corp. v Stanndco Developers, 139 AD2d 899, 900 , lv dismissed 73 NY2d 918 ; see also, City School Dist. v Stubbins & Assocs., supra, at 538; Sears, Roebuck & Co. v Enco Assocs., 43 NY2d 389, 394 ).