Case law

People v. Brown

242 A.D.2d 337 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 1997

Mackey, 77 NY2d 846 ; People v Lopez, 71 NY2d 662 ; People v Granton, 236 AD2d 624 ; People v Mesquite, 234 AD2d 395 ). … In any event, the defendant’s contention is without merit (see, People v Patterson, 227 AD2d 572 ). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

People v. Brown

60 A.D.3d 1076 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 2009

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 January 22, 2008 (People v Brown, 47 AD 3d 826 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).

Matter of Brown v. Annucci

2020 NY Slip Op 2343 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2020

Matter of Brown v Annucci ( 2020 NY Slip Op 02343 ) Matter of Brown v Annucci 2020 NY Slip Op 02343 Decided on April 23, 2020 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant … Decided and Entered: April 23, 2020 529216 [*1]In the Matter of Brandon Brown, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

People v. Brown

242 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 1997

Issues concerning credibility and the reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94 ). Concur—Murphy, P.

People v. Brown

247 A.D.2d 221 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1998

The court properly precluded defendant from introducing extrinsic evidence of an alleged prior inconsistent statement made by the complainant concerning a purely collateral matter (see, People v Duncan, 46 NY2d 74 , cert … v Kitchen, 162 AD2d 178 , lv denied 76 NY2d 941 ).

People v. Brown

246 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998

The trial court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence obtained incident to his arrest (see, People v Brown, 246 AD2d 603 [decided herewith]). … the defendant additional notice pursuant to CPL 710.30 with respect to the complainant’s identification of the defendant in a photograph of a lineup since it merely confirmed the prior lineup identification (see, People v

Brown v. Rome Up & Running, Inc.

71 A.D.3d 1551 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2010

Mulgrew v. Board of Education

88 A.D.3d 72 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

Unlike Lehigh Portland Cement Co. v New York State Dept. of Envtl. … Protection v New York City Civ. Serv. Commn., 78 NY2d 318 , 323 [1991], quoting Matter of Guardian Life Ins. Co. of Am. v Bohlinger, 308 NY 174, 183 [1954]).

People v. Brown

246 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1998

Application by the *662 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 May 8, 1995 (People v Brown, 215 AD2d 492 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). Miller, J. P., Pizzuto, Joy and Krausman, JJ., concur.

People v. Brown

245 A.D.2d 1145 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1997

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J.—Robbery, 1st Degree.) Present—Green, J.

People v. Brown

241 A.D.2d 460 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1997

. *461 The People concede, and we agree, that a new trial is mandated, since the People violated the rule in People v Rosario ( 9 NY2d 286 , cert denied 368 US 866 ) by withholding a report that contained a statement of the

People v. Brown

240 A.D.2d 209 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 1997

(See, Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 .)

People v. Brown

240 A.D.2d 181 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 1997

The hearing court properly denied defendant’s request to call the identifying witness at the suppression hearing since defendant’s claim regarding suggestiveness was purely speculative (People v Chipp, 75 NY2d 327 , cert … Defendant had no right to be present during this proceeding since it involved solely a legal determination (People v Williams, 85 NY2d 945 ).

People v. Brown

233 A.D.2d 520 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1996

The evidence presented at the hearing established that the detectives had a. sufficient factual basis upon which to justify stopping and questioning the defendant (see, People v De Bour, 40 NY2d 210, 223 ; People v Hollman … perspective of the trier of fact must be overridden” (People v Rivera, 68 NY2d 786, 788 ).

People v. Brown

232 A.D.2d 575 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1996

889-890; People v Johnson, 191 AD2d 709, 710 ). … The jury’s determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86 ).

Anderson v. Brown

276 A.D.2d 450 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1950

A case often cited concerning testimony of this character is Lea v. Polk Co. Copper Co. (21 How. [U. … (See, also, Tousey v. Hastings, 194 N. Y. 79 , and Hamlin v. Stevens, 177 N. Y. 39 .)

Brown v. J. P. Morgan & Co.

265 A.D. 631 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1943

The attachment was issued in an action brought by plaintiff Brown against Credit Consortium to recover $10,350 alleged to be due on ten $1,000 bonds. … Co. v. Ranous, 164 N. Y. 440 .)

People v. Brown

238 A.D.2d 347 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1997

Appellate review of the defendant’s contention that the sentence was excessive was effectively waived by him as part *348 of his plea bargain (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). … The remaining issues raised by the defendant are unpreserved for appellate review (see, People v Pellegrino, 60 NY2d 636 ; People v McKane, 222 AD2d 458 ; People v Bethea, 207 AD2d 793 ). Mangano, P.

Brown v. City of New York

297 A.D.2d 771 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2002

On appeal, this Court, inter alia, ordered a new trial unless the plaintiff agreed to a reduced verdict (Brown v City of New York, 275 AD2d 726 ). … On April 3, 2001, the Court of Appeals denied the City’s motion for leave to appeal (Brown v City of New York, 96 NY2d 709 ).

Beckham v. Board of Education

267 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1999

as to whether or not the defendant Roosevelt Maintenance, Inc., exacerbated the icy condition of the ramp where the plaintiff fell, and whether it exercised reasonable care in its maintenance of the premises (see, Genen v … Accordingly, the appeal from so much of the order as failed to render a determination must be dismissed, as those branches remain pending and undecided (see, Katz v Katz, 68 AD2d 536 ). Santucci, J.