Case law

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

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 )

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).

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]).

People v. Brown

160 A.D.2d 1039 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

As the extensive plea colloquy attests, the plea was knowingly and voluntarily entered into with the advice of counsel (see, People v George, 137 AD2d 876 ). … Seaberg, 74 NY2d 1,11 , supra; People v Bauer, 153 AD2d 988 ; People v Maye, 143 AD2d 483, 484 ).

Brown v. George

138 A.D.3d 466 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 2016

The testimony *467 “established] that there was no dangerous condition on the premises which caused the accident, but rather that it was caused by the manner in which” plaintiff performed his work (Lombardi v Stout, 80 NY2d … The conclusory allegation in plaintiff’s bill of particulars, that defendant created or had notice of a defective condition on the exterior of the house, was insufficient to raise a triable issue of fact (compare Sanchez v

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]).

People v. Brown

2026 NY Slip Op 01628 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2026

People v Brown ( 2026 NY Slip Op 01628 ) People v Brown 2026 NY Slip Op 01628 Decided on March 20, 2026 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … ANDRELLO BROWN, DEFENDANT-APPELLANT.

People v. Brown

16 A.D.3d 430 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 2005

Callahan, 80 NY2d 273, 281 [1992]; People v Rice, 285 AD2d 617 [2001]; People v Horn, 7 AD3d 638 [2004]; People v Weiss, 122 AD2d 180 [1986]). … Renna, 13 AD3d 398 [2004]; People v Regan, 11 AD3d 640 [2004], lv denied 4 NY3d 747 [2004]; People v Rice, supra; People v Horn, supra; see also Long v Donnelly, 335 F Supp 2d 450, 465-466 [2004]; McKenzie v Poole, 2004 WL

Brown v. Brown

64 A.D. 544 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1901

Thus, in Cook v. … (Finch v. Carpenter, 29 Hun, 268 .)

People v. Brown

107 A.D.3d 1305 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2013

Kulk, 103 AD3d at 1039 ; People v McAleavey, 159 AD2d 646, 646 [1990]; People v Brown, 104 AD2d 696, 697 [1984], lv denied 64 NY2d 778 [1985]). … [1992], lv denied 80 NY2d 927 [1992]; People v Brown, 104 AD2d at 697 ).

People v. Brown

47 A.D.3d 1162 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2008

We note at the outset that such argument survives both the guilty plea and the waiver of the right to appeal since it relates to a jurisdictional matter (see People v Chianese, 41 AD3d 1168, 1169 [2007]; People v Jackson, … Gallagher, 34 AD3d 941 , 942 [2006], lv denied 8 NY3d 880 [2007]; People v Talback, 32 AD3d 559, 560 [2006], lv denied 7 NY3d 870 [2006]).

Brown v. Middleton

244 A.D.2d 306 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1997

Brown then jumped onto the running *308 board of the truck, and jammed the metal pipe between the steering wheel and the dashboard to prevent Middleton from moving the vehicle any further. … With Brown still standing on the running board, Middleton put the truck in forward gear and drove approximately 150 feet until he crashed into a building, pinning Brown between the truck and a wall.

People v. Brown

169 A.D.2d 934 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1991

denied 69 NY2d 827 ; People v Shea, 54 AD2d 722 ). … Jones, 47 NY2d 409, 414-415 , cert denied 444 US 946 ; People v Hinton, supra; People v Santos, 154 AD2d 284, 285 , lv denied 75 NY2d 817 ).

Brown v. Joseph

285 A.D.2d 642 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 2001

A criminal defendant’s rights to discovery are contained in CPL article 240 (see, Matter of Pittari v Pirro, supra; Matter of Brown v Appelman, supra). … to act in good faith and to preserve all evidence to which a defendant is entitled (see, Matter of Brown v Appelman, supra).

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]).

Hazelton v. Brown

248 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1998

Brown (hereinafter defendant) failed to stop or yield the right-of-way prior to entering an intersection. … Since “an operator who has the right of way is entitled to anticipate that other vehicles will obey the traffic laws that require them to yield” (Namisnak v Martin, 244 AD2d 258, 260 ; see, Anastasio v Scheer, 239 AD2d 823

Brown v. Goord

17 A.D.3d 952 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2005

[2002]; Matter of Alejandro v Goord, 278 AD2d 731, 731 [2000]). … [2004]; Matter of Brown v Goord, 11 AD3d 857, 858 [2004]).

People v. Brown

106 A.D.3d 755 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013

People v Lockley, 84 AD3d 836 [2011]). … Brothers, 95 AD3d 1227, 1229 [2012]; People v Rivera, 60 AD3d 788 [2009]; People v Bazemore, 52 AD3d 727, 727-728 [2008]; People v Murdaugh, 38 AD3d 918, 919-920 [2007]).

People v. Brown

131 N.Y.S.3d 253 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 2020

People v Brown ( 2020 NY Slip Op 05912 ) People v Brown 2020 NY Slip Op 05912 Decided on October 21, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 4335/11) [*1]The People of the State of New York, respondent, v Timothy Brown, appellant. Janet E. Sabel, New York, NY (Jonathan Garelick of counsel), for appellant.