Case law

People v. Brown

67 A.D.3d 1427 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2009

People v Bleakley, 69 NY2d 490, 495 [1987]). … (see generally Bleakley, 69 NY2d at 495 )., We reject the further contention of defendant that he was denied effective assistance of counsel (see generally People v Baldi, 54 NY2d 137, 147 [1981]).

People v. Brown

123 A.D.3d 1300 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014

BROWN, Appellant. ________________________________ Calendar Date: Novmeber 19, 2014 Before: Lahtinen, J.P., Garry, Rose and Devine, JJ. __________ John R. … 667; People v Wasley, 119 AD3d at 1217).

Herzog v. Brown

217 A.D. 402 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1926

Frederick Brown, of 565 Fifth Avenue has accepted your offer for the lease for the Knodler property No. 556 Fifth Avenue upon the following terms: “ ‘ $425,000 cash, contract to run until September 1st, 1925. “ ‘ $25,000

People v. Brown

145 A.D.3d 1483 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2016

Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Bleakley … We perceive no basis to disturb the jury’s credibility determinations (see People v Brown, 140 AD3d 1740, 1740 [2016]). The sentence is not unduly harsh or severe.

Brown v. Prack

147 A.D.3d 1295 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2017

Matter of Jeckel v New York State Dept. of Corn, 111 AD3d 1180 , 1181 [2013]). … McDonnell, 418 US 539, 570 [1974]; Matter of Laureano v Kuhlmann, 75 NY2d 141, 146 [1990]).

People v. Brown

32 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1969

(People v. Boddie, 28 A D 2d 724.) None of the modifications of the verdict suggested by the People in their brief would be proper, as we believe that, under all the circumstances, a new trial should be held.

People v. Brown

74 A.D.3d 1748 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2010

Whether an act of prostitution actually took place is of no moment (see People v Simone-Taylor, 148 AD2d 933 [1989], lv denied 74 NY2d 669 [1989]). … Molyneaux, 49 AD3d 1220, 1221 [2008], lv denied 10 NY3d 937 [2008]; see generally People v Alvino, 71 NY2d 233, 242-243 [1987]).

People v. Brown

46 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1974

the minimum permissible sentence as a second felony offender (Penal Law, § 70.06) and thus the sentence imposed cannot be considered unduly harsh or excessive so as to constitute an abuse of discretion (see, e.g., People v. … S. 311 ; Kendrick v. United States, 238 F. 2d 34 ; People v. Wilson, 13 N Y 2d 277). There is a rational basis to impose a heavier penalty on multiple felony offenders and all persons alike are treated equally.

Brown v. Nocella

149 A.D.3d 470 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 2017

Santana v Tic-Tak Limo Corp., 106 AD3d 572, 573-574 [1st Dept 2013]). In opposition, defendants failed to provide a nonnegligent explanation for the accident. … Van Lines USA Inc., 144 AD3d 483 [1st Dept 2016]; Gyabaah v Rivlab Transp.

Brown v. Foster

1 A.D. 578 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

Brown was a trained nurse by profession, earning from twenty to twenty-five dollars a week. By the injury her leg was broken and she was rendered *580 unable to work. This occurred on March twenty-ninth. … (Bailey v. Park, 5 Hun, 41 ; O’Shea v. McLear, 16 N. Y. St. Repr. 482.)

Davis v. Brown

2022 NY Slip Op 07147 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 2022

Davis v Brown ( 2022 NY Slip Op 07147 ) Davis v Brown 2022 NY Slip Op 07147 Decided on December 15, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Davis, Plaintiff-Appellant, v Joyce F. Brown, in her Individual Capacity and her Official Capacity as President of Fashion Institute of Technology, et al., Defendants-Respondents.

People v. Brown

84 A.D.3d 1263 · Appellate Division of the Supreme Court of the State of New York · May 24, 2011

James, 72 AD3d 844, 845 [2010]; People v Wilson, 71 AD3d 799, 800 [2010]). … , 39 NY2d 105, 109-110 [1976]; People v Ariza, 77 AD3d 844, 846 [2010]; People v Torres, 72 AD3d 709 [2010]).

People v. Brown

117 A.D.3d 962 · Appellate Division of the Supreme Court of the State of New York · May 21, 2014

As such, the court was not obligated to inquire further (see People v Porto, 16 NY3d 93, 100 [2010]; People v Woods, 110 AD3d 748 [2013]; People v Stevenson, 36 AD3d 634, 635 [2007]). … People v Dunne, 106 AD3d 928 [2013]).

Villemin v. Brown

193 A.D. 777 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1920

In Kuhne v. Ahlers ( 45 Misc. Rep. 454 ) it was held that to call one a swindler was not slanderous per se. (Gaynor, J., Trial Term.) The same is held in Chase v. Whitlock ( 3 Hill, 139 ) and Eisile v. Walther (24 N. Y. … In Phincle v. Vaughan ( 12 Barb. 215 ) the words,. “ You- *779 have sworn false under oath, you have lied under oath,” were held not slanderous per se. In Savage v.

Legault v. Brown

283 A.D. 303 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1954

(De Coigne v. Ludlum Steel Co., 251 App. Div. 662 ; Le Pochat v. Pendleton, 187 Misc. 296 , affd. 271 App. Div. 964 ; Mazarredo v. Levine, 274 App. Div. 122 ; Lavin v. Goldberg Bldg. Material Corp., 274 App. Div. 690 .) … It was laid down in Mills v. Parkhurst ( 126 N.

People v. Brown

95 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1983

room and apparently had a common right of access, thus allowing Holburt to consent to the entry of the room (see People v Cosme, 48 NY2d 286, 290 ; see, also, People v Ponder, 54 NY2d 160 ). … Bartolomeo, supra; People v Elwell, 50 NY2d 231, 241-242 ; People v Hanlon, 36 NY2d 549, 557 ).

People v. Brown

83 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1981

, 52 NY2d 1023 ; People v Thill, 52 NY2d 1020 ; People v Friscia, 51 NY2d 845 ; People u Dean, 45 NY2d 651 ). … People v Kazmarick, 52 NY2d 322 ) or should have discovered (cf. People v Bartolomeo, 53 NY2d 225 ). Accordingly, the judgment should be affirmed. Judgment affirmed. Mahoney, P.

People v. Brown

102 A.D.3d 704 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 2013

695, 697 [1984]; People v Tucker, 55 NY2d at 6 ; People v Dominique, 36 AD3d at 625 ). … Muhammad, 17 NY3d 532, 539-540 [2011]; People v Tucker, 55 NY2d at 6 ; People v Francois, 85 AD3d 813, 814 [2011]; People v James, 249 AD2d 919 [1998]).

Beacham v. Brown

215 A.D.2d 334 · Appellate Division of the Supreme Court of the State of New York · May 30, 1995

Judicial review of a determination to discharge a probationary employee is therefore limited to an inquiry as to whether the termination was made in bad faith (Matter of Johnson v Katz, 68 NY2d 649, 650 ). … Abate, 210 AD2d 56 , Iv denied 85 NY2d 803 ; Thomas v City of New York, 169 AD2d 496, 498 ).

People v. Brown

126 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1987

Defendant and Henderson got into a fight with the victim while at defendant’s apartment and defendant hit the victim on the shoulders with a board. … Henderson then hit the victim over the head several times with the same board and pounded his head on the floor until he was unconscious.