Case law

People v. Brown

221 A.D.2d 208 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1995

Vasquez, 166 AD2d 194, 195 , lv denied 77 NY2d 845 ; People v Bond, 116 AD2d 28, 31 , lv denied 68 NY2d 767 ). … Defendant’s statement that the gun was for his protection, made to the police immediately after his arrest, was properly suppressed as fruit of the poisonous tree (Wong Sun v United States, 371 US 471 ).

Jerry v. Board of Education

44 A.D.2d 198 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1974

Rep. 184) or by the court (see Marcato v. Board of Educ. of Cent. School Dist. No. 1, 40 A D 2d 978). (See, also, Matter of Kolanda v. … S. 535 ; Board of Regents v. Roth, 408 U. S. 564 ; Perry v. Sindermann, 408 U.

Brown v. Delon

215 A.D.2d 424 · Appellate Division of the Supreme Court of the State of New York · May 8, 1995

The conflicting evidence presented a factual issue for the jury to resolve (see, Windisch v Weiman, 161 AD2d 433, 437 ). … Corp. v S. Charles Gherardi, Inc., 88 AD2d 461, 468 ). Consequently, the case must be remitted for a new trial on the issue of damages.

People v. Brown

207 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 1994

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757 , cert denied 469 US 932 ), the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495 ). … The officers proffered clear, consistent testimony at the suppression hearing, refuting defendant’s present claim that the testimony of the officers was incredible (see, People v Trinidad, 177 AD2d 286 , lv denied 79 NY2d

People v. Brown

216 A.D.2d 904 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1995

Memorandum: Defendant contends that the prosecutor improperly exercised a peremptory challenge on the basis of race (see, Batson v Kentucky, 476 US 79 ; People v Scott, 70 NY2d 420 ). … Childress, 81 NY2d 263, 266 ; People v Hernandez, 75 NY2d 350, 355 , affd 500 US 352 ).

Town Board v. Owen

127 A.D.2d 589 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1987

Schachter v Tomaselli, 105 AD2d 779 ). … Erlbaum, supra; Matter of Nicholson v State Commn. on Judicial Conduct, 50 NY2d 597, 606 ).

Picciurro v. Board of Trustees

46 A.D.3d 346 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2007

Respondent’s determination must stand if the record contains any credible evidence of lack of causation (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]). … such city-service”; the Board of Trustees must then make its own determination as to the Medical Board’s recommendation on causation (Administrative Code § 13-168 [a]; Matter of Canfora v Board of Trustees of Police Pension

Brown v. City of New York

63 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · May 25, 1978

Granting the plaintiff the most favorable view of the evidence as we must (Parvi v City of Kingston, 41 NY2d 553 ) we find that she has made out a prima facie case on the issue of liability and that in setting aside the verdict … and dismissing the complaint the trial court impermissibly discredited her expert witness whose testimony must have been found credible by the jury (see Loewinthan v Le Vine, 299 NY 372 ; Kelly v Watson Elevator Co., 309

Workers' Compensation Board v. Rizzi

14 A.D.3d 608 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2005

The Legislature has chosen not to place a time restriction upon the entry of a judgment (see Funk v Barry, 89 NY2d 364, 368 [1996]; see also Sarasota, Inc. v Finkel, 11 AD3d 407 [2004]). … [Lederle Labs] v Board of Assessors of Town of Orangetown, 243 AD2d 630 [1997]), and the defendant stated in an affidavit in the Supreme Court that he was not challenging the determinations or awards made by the plaintiff

Gangemi v. Board of Elections

109 A.D.3d 541 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Rule D6 provides for a final determination of invalidity upon a potential candidate’s failure to cure a defect within his or her designating petition (see Matter of Leroy v Board of Elections in City of N.Y., 65 AD3d 645, … Accordingly, the Supreme Court properly dismissed the proceeding as untimely (see Election Law § 16-102 [2]; Matter of McDonough v Scannapieco, 65 AD3d 647, 648 [2009]; Matter of Leroy v Board of Elections in City of N.Y.

People v. Brown

205 A.D.2d 550 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1994

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. Coughlin

210 A.D.2d 1006 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1994

otherwise affirmed in accordance with the following Memorandum: Supreme Court should have transferred this CPLR article 78 proceeding to this Court because it presented a substantial evidence issue (see, Matter of Benesch v

People v. Brown

211 A.D.2d 806 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1995

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. … judgment of conviction must be reversed because of fundamental errors, as discussed in our decision and order in the companion case, the appeal of codefendant Esat Bici, who was jointly tried with the defendant (see, People v

Zarinfar v. Board of Education

93 A.D.3d 466 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 2012

Petitioner’s challenge to his termination as a probationary teacher is time-barred because it was not brought within four months of the effective date of termination (see CPLR 217 [1]; Matter of Frasier v Board of Educ. of … City School Dist. of City of N.Y., 71 NY2d 763 [1988]; Kahn v New York City Dept. of Educ., 79 AD3d 521 [2010], affd 18 NY3d 457 [2012]). *467 Even if the petition was timely, we would find that it was properly dismissed

People v. Brown

214 A.D.2d 1039 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1995

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Violation of Probation.) Present—Pine, J.

Schottland v. Brown Harris Stevens Brooklyn, LLC

107 A.D.3d 684 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2013

Cohen, 37 AD3d 670, 670 [2007]; see Goshen v Mutual Life Ins. … Corp. v Dassa Brill LLC, 27 AD3d 258, 259 [2006]; cf. Matos v Crimmins, 40 AD3d 1053, 1055 [2007]).

Brown v. Rotker

214 A.D.2d 668 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1995

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12

People v. Brown

209 A.D.2d 630 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1994

In any event, the challenged comments were within the bounds of permissible rhetorical comment afforded counsel during summation (see, People v Ashwal, 39 NY2d 105 ; People v Miller, 183 AD2d 790 ; People v Wilson, 173 AD2d … Finally, there is no merit to the defendant’s claim that his sentence was harsh or excessive (see, People v Suitte, 90 AD2d 80 ). Ritter, J. P., Santucci, Friedmann and Goldstein, JJ., concur.

People v. Brown

210 A.D.2d 492 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1994

Viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt … We find that the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ). The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.

People v. Brown

214 A.D.2d 325 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1995

The victim’s description of the knife as having a brown handle when in fact it was silver did not render his testimony incredible as a matter of law, particularly in light of his explanation of the alleged discrepancy (see … , People v Esteves, 152 AD2d 406, 410 , lv denied 75 NY2d 918 ).