Case law

Brown v. Senkowski

290 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2002

Selsky, 266 AD2d 656 ; Matter of Jandura v Selsky, 251 AD2d 721 ). … , 270 AD2d 519 ; Matter of Rodriguez v Coughlin, 216 AD2d 617 ).

People v. Brown

38 A.D.3d 676 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 2007

Smith, 23 AD3d 416, 417 [2005]; People v Freeman, 305 AD2d 331 [2003]; People v Gatling, 222 AD2d 606 [1995]). … Hurley, 75 NY2d 887, 888 [1990]; People v Chapero, 23 AD3d 492, 493 [2005]).

Brown v. Sawyer

85 A.D.3d 1614 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2011

We further conclude that the determination that denied petitioners’ objections to the policy banning their receipt of all outside food packages is not arbitrary and capricious (see generally Matter of Pell v Board of Educ … Serv., 24 AD3d 850, 852 [2005]; see Matter of Humane Socy. of U.S. v Empire State Dev. Corp., 53 AD3d 1013 , 1018 n 3 [2008], lv denied 12 NY3d 701 [2009]; Matter of Poster v Strough, 299 AD2d 127, 142-143 [2002]).

Boyd v. Brown

2019 NY Slip Op 743 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2019

Boyd v Brown ( 2019 NY Slip Op 00743 ) Boyd v Brown 2019 NY Slip Op 00743 Decided on February 1, 2019 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … WARREN, DECEASED, PLAINTIFF-RESPONDENT, v MAYOR BYRON BROWN, IN HIS OFFICIAL CAPACITY AS MAYOR OF CITY OF BUFFALO, CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, IN THEIR OFFICIAL CAPACITY, CITY OF BUFFALO DEPUTY COMMISSIONER

People v. Brown

125 A.D.3d 1550 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2015

Contrary to defendant’s contention, the fact that he was photographed from a closer range did not impermissibly draw attention to his photograph in the array (see People v Brown, 169 AD2d 934, 935 [1991], lv denied 77 NY2d … 958 [1991]; see also People v Smiley, 49 AD3d 1299, 1300 [2008], lv denied 10 NY3d 870 [2008]).

Brown v. Coombe

241 A.D.2d 644 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1997

It is well settled, however, that when a determination of guilt does not depend upon the credibility of confidential information, there is no need for an assessment of the informant’s reliability (see, Matter of Shaffer v … Hoke, 174 AD2d 787, 789 ; Matter of Siders v LeFevre, 145 AD2d 874, 875 ).

People v. Brown

2018 NY Slip Op 7640 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2018

People v Brown ( 2018 NY Slip Op 07640 ) People v Brown 2018 NY Slip Op 07640 Decided on November 9, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … MOTION NO. (1117/03) KA 00-02226. [*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v EDWARD BROWN, DEFENDANT-APPELLANT. MEMORANDUM AND ORDER Motion for renewal of writ of error coram nobis and other relief denied.

People v. Brown

2019 NY Slip Op 3001 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2019

People v Brown ( 2019 NY Slip Op 03001 ) People v Brown 2019 NY Slip Op 03001 Decided on April 23, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Decided on April 23, 2019 Renwick, J.P., Gische, Webber, Singh, JJ. 9068 5804/13 [*1]The People of the State of New York, Respondent, v Harvey Brown, Defendant-Appellant. Seymour W.

People v. Brown

305 A.D.2d 422 · Appellate Division of the Supreme Court of the State of New York · May 5, 2003

A defendant may be entitled to new assigned counsel upon a *423 showing of good cause, such as a conflict of interest or other irreconcilable conflict with counsel (see People v Sides, 75 NY2d 822, 824 [1990]; People v Medina … court must take into account such circumstances as whether present counsel is reasonably likely to afford a defendant effective assistance and whether the defendant has unduly delayed in seeking new assignment” (People v

Jellal v. Brown

37 A.D.3d 179 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2007

Defendant Althea Brown testified that upon seeing the infant plaintiff, who had no memory of the incident, she hit her brakes, blew her horn, and stopped the vehicle. … Under such circumstances, defendants were entitled to summary dismissal (see Sae Hyun Kim v Mirisis, 286 AD2d 761 [2001]; Johnson v Lovett, 285 AD2d 627 [2001]; Miller v Sisters of Order of St.

Thomas v. Brown

145 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1988

It is true that where a dispute exists as to the designation of a boundary, the intent of the parties should control (see, Pauquette v Ray, 58 AD2d 950, 951 ). … However, this resulted in the preference of an artificial object over a natural object (see, Pauquette v Ray, supra; 1 NY Jur 2d, Adjoining Landowners, § 115, at 611).

Brown v. Coughlin

165 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Sep 20, 1990

We have previously suggested that a deficiency in employee assistance is one which can be corrected during the hearing if the inmate makes a timely complaint (see, Matter of Reveron v Coughlin, 142 AD2d 860, 861 ). … Petitioner’s refusal to select an employee assistant from the list provided him during the adjournment precludes his claim that he was denied the right to employee assistance (see, Matter of Bates v Kelly, 152 AD2d 1009 )

People v. Brown

90 A.D.3d 1140 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 2011

Lawrence County was the proper venue for trial, we note that defendant waived this issue by failing to request a jury charge on venue (see People v Greenberg, 89 NY2d 553, 556 [1997]; People v Moore, 46 NY2d 1, 7 [1978]). … 342, 349 [2007]; People v Nisselbeck, 85 AD3d 1206 , 1207 n 1 [2011]).

Madden v. Brown

8 A.D. 454 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

(Webb v. Beavan, 6 M. & G. 1055; *456 Patrick v. Colerick, 3 M. & W. 483; Blades v. Higgs, 10 C. B. [N. S.] 713 ; McLeod v. Jones, 105 Mass. 405 .) … In the case at bar it was conceded that all of the property, excepting the drafting board and its supports and one mirror plate, was taken by this plaintiff wrongfully, if not feloniously; and that, as to the drafting board

People v. Brown

142 A.D.3d 622 · Appellate Division of the Supreme Court of the State of New York · Aug 17, 2016

Here, in support of his motion, the defendant submitted an affidavit alleging facts which, if true, would be sufficient to prevail on the motion (see People v Alomar, 89 AD3d 1098, 1099 [2011]; People v Mobley, 59 AD3d 741 … , 742 [2009]; People v Reynolds, 309 AD2d 976, 976-977 [2003]; People v Perron, 273 AD2d 549, 550 [2000]).

People v. Brown

136 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1988

Brown, 125 Misc 2d 132 ). … Robert Buckhout, an expert in the field of eyewitness identification, at public expense (see, People v Brown, 124 Misc 2d 938 ).

People v. Brown

135 A.D.3d 495 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2016

The challenged portions of the prosecutor’s summation were generally responsive to defense arguments, and there was nothing so egregious as to warrant reversal (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied … 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied 81 NY2d 884 [1993]).

Jenal v. Brown

80 A.D.3d 727 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 2011

Co. v City of New York, 60 NY2d 957 [1983]; AYW Networks v Teleport Communications Group, 309 AD2d 724 [2003]; Charleson v City of Long Beach, 297 AD2d 777 [2002]; Holchendler v We Transp., 292 AD2d 568 [2002]), leave should … Hosp., 32 AD3d 381, 381 [2006]; see Thone v Crown Equip. Corp., 27 AD3d 723 [2006]).

People v. Brown

2019 NY Slip Op 8746 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2019

People v Brown ( 2019 NY Slip Op 08746 ) People v Brown 2019 NY Slip Op 08746 Decided on December 5, 2019 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … The conviction was affirmed upon appeal ( People v Brown , 232 AD3d 750 [1996], lv denied 89 NY2d 940 [1997]).

People v. Brown

104 A.D.2d 696 · Appellate Division of the Supreme Court of the State of New York · Sep 20, 1984

opening statement, the prosecutor should “set forth the nature of the charge against the accused and state briefly the facts he expects to prove, along with the evidence he plans to introduce in support of the same” (People v … not rest on the belief of the police officer, but on the objective belief of defendant: “The test is * * * what a reasonable man, innocent of any crime, would have thought had he been in the defendant’s position” (People v