Case law

People v. Brown

240 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1997

The police had probable cause to arrest the defendant when they stopped her in the A&S store (see generally, People v Bigelow, 66 NY2d 417, 423 ; People v Attebery, 223 AD2d 714, 715 ).

Sica v. Board of Education

226 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1996

In a proceeding for leave to serve late notices of claim pursuant to General Municipal Law § 50-e (5), the Board of Education of the City of New York and Murray Brenner separately appeal, as limited by their briefs, from … City of New York, 211 AD2d 789 ; Matter of O'Mara v Town of Cortlandt, 210 AD2d 337 ; D’Anjou v New York City Health & Hosps.

Fetzer v. Town Board

289 A.D.2d 996 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2001

Matter of Colella v Board of Assessors ( 266 AD2d 286 ), which has since been reversed by the Court of Appeals (Matter of Colella v Board of Assessors, 95 NY2d 401 ). … Niagara Mohawk Power Corp., 45 NY2d 482, 488 ; Matter of Brown v Starkweather, 197 AD2d 840, 841 , lv denied 82 NY2d 653 ).

Alvarez v. State Board

74 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1980

Gatto v. Brown

234 A.D.2d 22 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1996

Amendment of the charge specifications to delete the unnecessary allegation that the kick had caused injury did not prejudice petitioner and was properly allowed (see, Matter of Cerio v New York City Tr. … Petitioner’s 17 day pre-trial suspension without pay is not reimbursable since he was not acquitted at the departmental trial (see, Matter of Rivera v Ward, 155 AD2d 285 ).

People v. Brown

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

The defendant’s contention that he was denied the effective assistance of counsel which affected the voluntariness of his plea is meritless (see, People v Register, 60 NY2d 270, 280 , cert denied 466 US 953 ). … Appellate review of the remaining issues raised by the defendant were effectively waived by him as part of his plea bargain (see, People v DeSimone, 80 NY2d 273 ; People v Cozzi, 215 AD2d 496 ). O’Brien, J.

Hutchison v. Brown

277 A.D.2d 130 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1950

Calling Hirschhorn his partner was an admission against interest which, if believed by the jury, would have bound plaintiff by Hirschhorn’s state *135 ments to defendant (Carroll v. Farley, 113 N. Y. … Y. 250 ); Levy v. Loeb ( 89 N. Y. 386 ); Taussig v. Hart ( 58 N. Y. 425 ); Taussig v. Hart ( 49 N. Y. 301 ); and Steibel v. Lissberger ( 166 App. Div. 164 , affd. 222 N. Y. 604 ).

Glazer v. Brown

55 A.D.3d 1385 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2008

Elmer, 69 AD2d 1010, 1010 [1979]; see generally Genesis II Hair Replacement Studio v Vallar, 251 AD2d 1082 [1998]; Holdsworth v Doherty, 231 AD2d 930 [1996]). … C. v Telonis, 127 AD2d 1007 [1987]). Present—Martoche, J.P., Lunn, Fahey and Pine, JJ.

People v. Brown

57 A.D.3d 386 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2008

On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d … 397, 404 [1995]; see also Strickland v Washington, 466 US 668 [1984]).

People v. Brown

57 A.D.3d 691 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2008

defendant’s contentions that his convictions of rape in the first degree and burglary in the first degree were not supported by legally sufficient evidence are unpreserved for appellate review (see CPL 470.05 [2]; People v … Gray, 86 NY2d 10, 19 [1995]; People v Sadler, 49 AD3d 670 [2008]) and we decline to review them in the exercise of our interest of justice jurisdiction.

People v. Brown

232 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1996

Accordingly, the judgment is affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979 , lv denied 67 NY2d 650 ). Mikoll, J.

People v. Brown

229 A.D.2d 547 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1996

Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Mangano, P.

Brown v. Moses

275 A.D.2d 834 · Appellate Division of the Supreme Court of the State of New York · May 31, 1949

Brown v. Finkelstein

275 A.D.2d 772 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1949

About two years later, on April 19, 1948, he conveyed an undivided half interest to his brother-in-law, the respondent Brown, as tenant in common. … Brown, claiming to have been an equal purchaser with Jones at the time the latter took title in 1946, and that the 1948 deed to himself was in pursuance of a written agreement between J ones and himself, executed, and acknowledged

Gantz v. Brown

237 A.D.2d 562 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1997

The jury’s determination that the defendant Richard Brown was not negligent in causing the automobile accident was supported by a " ' " 'fair interpretation of the evidence’ ” ’ ” (see, Lolik v Big V Supermarket, 86 NY2d … 744 ; Nicastro v Park, 113 AD2d 129, 134 ).

People v. Brown

235 A.D.2d 355 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 1997

Defendant’s claims of coercion and ineffective assistance of *356 counsel are without merit (see, People v Ford, 86 NY2d 397, 404 ; People v Beach, 225 AD2d 364 , lv denied 88 NY2d 933 ). … In the absence of any challenge by defendant, the court had no obligation to inquire into the validity of defendant’s new arrest (People v Coleman, 211 AD2d 562 , lv denied 85 NY2d 937 ).

People v. Brown

233 A.D.2d 521 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1996

Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Mangano, P.

People v. Brown

235 A.D.2d 486 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1997

Appellate review of the issues raised by the defendant was effectively waived by him as part of his plea agreement (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ; People v Calvi, 89 NY2d 868 ).

People v. Brown

55 A.D.3d 920 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2008

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 May 18, 2008 (People v Brown, 250 AD2d 774 [1998]), affirming … 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]).

People v. Brown

234 A.D.2d 994 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1996

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