Case law
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286 A.D. 956 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1955
Cited 0 timesPublishedNo opinion text41 N.Y.S. 1106 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1896
Cited 0 timesPublishedNo opinion text112 A.D. 900 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1906
Cited 0 timesPublishedNo opinion text183 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · May 19, 1992
People v Gonzalez, 68 NY2d 424 ). … cf., People v Kitching, supra).
Cited 9 timesPublished112 A.D.2d 945 · Appellate Division of the Supreme Court of the State of New York · Aug 5, 1985
In explaining the words "specific cause”, the court noted that such cause must be based upon specific and articulable facts, and that a "[m]ere 'hunch’ or 'gut reaction’ will not do” (People v Sobotker, supra, at p 564 ; … see also, People v Carrasquillo, 54 NY2d 248 ).
Cited 9 timesPublished196 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1993
"The People have a duty to prevent the destruction of evidence until all appeals have been exhausted” (People v Watkins, 189 AD2d 623, 624 , lv denied 81 NY2d 978 ). … The prosecutor’s comments during summation that may have implicated defendant’s right not to testify were responsive to trial counsel’s summation (People v McIntyre, 177 AD2d 255 , lv denied 79 NY2d 950 ), and the jury is
Cited 7 timesPublished125 A.D. 380 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1908
(Cohen v. Ratkowsky, 43 App. Div. 196 .) Section 1674 authorizes the court in its discretion to cancel a lis pendens if a plaintiff filing the notice unreasonably neglects to proceed in the action. … To neglect to make service or commence' publication within sixty days after the filing of the notice is one form of unreasonable neglect to proceed with the action (Cohen v.
Cited 4 timesPublished154 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2017
Board, of Chosen Freeholders of County of Burlington, 566 US 318 [2012]; Bell v Wolfish, 441 US 520 [1979]), and we conclude that, regardless of whether the officers had reasonable suspicion, that standard was satisfied here … the officers’ expertise (see generally People v Valentine, 17 NY2d 128, 132 [1966]).
Cited 1 timesPublished194 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1993
Vega v Smith, 66 NY2d 130, 139 ), and that "it is the function of the administrative agency rather than that of the reviewing court to weigh the evidence and resolve conflicting testimony” (Matter of Ferriso v Ward, 161 AD2d
Cited 6 timesPublished117 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1986
Johnson, 38 NY2d 271, 276 ; People v Imbesi, 38 NY2d 629, 631 ; People v Prosser, 309 NY 353, 356 ). … Further, defendant has demonstrated that his defense has been impaired by reason of the delay (People v Taranovich, supra, p 445 ; People v Virgil, 115 AD2d 286 , supra).
Cited 1 timesPublished84 A.D.3d 1143 · Appellate Division of the Supreme Court of the State of New York · May 24, 2011
In opposition, Comerford and Samuels failed to raise a triable issue of fact as to whether Brown was acting in the scope of her *1145 employment at the time of the accident (see generally Monioudis v City of New York, 82 … AD3d 945 [2011]; McCaffery v Wright & Co.
Cited 2 timesPublished243 A.D.2d 363 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1997
Cited 8 timesPublished234 A.D.2d 211 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1996
Testimony educed at the suppression hearing and at trial reveals that on December 21, 1992, defendant Dwight Brown approached Armando Alequin for the purpose of buying crack cocaine and, in exchange for the narcotics, offered … It has also been held that consent to enter a home may be established by conduct, as well as words (People v Satornino, 153 AD2d 595 ; People v Schof, 136 AD2d 578 , lv denied 71 NY2d 1033 ; People v Davis, 120 AD2d 606 ,
Cited 19 timesPublished114 A.D. 912 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1906
Cited 0 timesPublishedNo opinion text124 A.D. 941 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1908
Cited 0 timesPublishedNo opinion text151 A.D. 940 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1912
Cited 0 timesPublishedNo opinion text39 A.D.3d 1207 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2007
see also People v Batista, 235 AD2d 631, 632 [1997], lv denied 89 NY2d 1088 [1997]). … Defendant failed to object to the court’s “ ‘ultimate’ Sandoval ruling” and thus failed to preserve his contention for our review (People v Ponder, 19 AD3d 1041, 1043 [2005], lv denied 5 NY3d 809 [2005]; see People v O’Connor
Cited 6 timesPublished125 A.D.3d 571 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2015
Cited 0 timesPublished84 A.D. 482 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903
Cited 7 timesPublished110 A.D.3d 481 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2013
The court properly exercised its discretion when it *483 denied defense counsel’s midtrial applications for yet another competency examination (see Pate v Robinson, 383 US 375 [1966]; People v Tortorici, 92 NY2d 757 [1999 … ], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878 [1995]).
Cited 3 timesPublished
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