Case law

Brown v. Mando

125 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.

People v. Brown

178 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1991

Ordered that the appeals are dismissed (see, People v Seaberg, 74 NY2d 1 ). Mangano, P. J., Lawrence, Rosenblatt and Copertino, JJ., concur.

People v. Brown

154 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]).

People v. Brown

111 A.D.2d 928 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1985

There is no automatic rule which requires that a complaining witness testify at a Wade hearing {see, People v Ward, 95 AD2d 233 ; People v Blue, 37 AD2d 581 , affd 31 NY2d 1002 ). … J., Lazer, Mangano and Brown, JJ., concur.

People v. Brown

160 A.D.2d 1037 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

-295 ; People v Kaye, 25 NY2d 139, 143-145 ). … The issue raises a question of law for the court to decide and is not a question of fact for the jury (see, People v Knack, 72 NY2d 825 ).

People v. Brown

293 A.D.2d 686 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2002

The witness had a clear and unobstructed view of the defendant, under well-lit conditions, for a 15-second period during the commission of the crime (see People v Androvett, 135 AD2d 640 ; People v Washington, 111 AD2d 418

People v. Brown

117 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).

Brown v. Scully

137 A.D.2d 595 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1988

Based on the two positive test results, the petitioner was charged with possession of contraband in violation of rule 113.12, incorporated in 7 NYCRR 270.1 (b) (14) (v). … The Court of Appeals in Matter of Lahey v Kelly ( 71 NY2d 135 ) recently decided that double EMIT test results are sufficiently reliable to constitute substantial evidence in prison disciplinary proceedings.

People v. Brown

113 A.D.3d 632 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 2014

By pleading guilty, the defendant forfeited his contention that the People failed to file a special information with the defendant’s indictment pursuant to CPL 200.60 (see People v Sanchez, 55 AD3d 460, 461 [2008]). … The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Dickerson, Lott and Austin, JJ., concur.

People v. Brown

39 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

Brown v. Reiman

48 A.D. 295 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1900

Brown said no contract was necessary. … (Remmel v. Townsend, 83 Hun, 353 ; Coleman v. First Nat. Bank of Elmira, 53 N. Y. 388 ; Kayton v. Barnett, 116 id. 625.)

People v. Brown

120 A.D.3d 710 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2014

470.05 [2]; People v Tavarez, 55 AD3d 932 [2008]) and, in any event, without merit (see People v Totesau, 112 AD3d 977, 978 [2013]; People v Lassiter, 74 AD3d 1094 [2010]; People v Moore, 159 AD2d 521 [1990]). … ; People v Bedford, 95 AD3d 1226, 1227 [2012]; People v Archer, 82 AD3d 781 [2011]; People v Greenlee, 70 AD3d 966 [2010]; People v Toberas, 60 AD3d 791 [2009]; People v Hyatt, 2 AD3d 749 [2003]).

People v. Brown

69 A.D.3d 871 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2010

Chavis, 91 NY2d 500, 505 [1998]; People v Smith, 82 NY2d at 678 ). … Kendzia, 64 NY2d 331, 337 [1985]; People v Caussade, 162 AD2d 4, 7 [1990]).

Sadler v. Brown

108 A.D.2d 739 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1985

which a jury could have determined that defendant Lucille Roseway Brown (hereinafter defendant) breached a duty of care owed to the infant plaintiff resulting in foreseeable injury. … AD2d 272 ; Faber v City of New York, 213 NY 411 ).

People v. Brown

110 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]).

People v. Brown

150 A.D.2d 472 · Appellate Division of the Supreme Court of the State of New York · May 8, 1989

v Soto, 146 AD2d 657 ; People v Morris, 129 AD2d 591 ). … v Concepcion, 128 AD2d 887 , lv withdrawn 69 NY2d 1002 ; People v Abreu, 74 AD2d 876 ).

People v. Brown

82 A.D.3d 1067 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 2011

Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

People v. Brown

73 A.D.2d 112 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1980

(CPL 300.50; People v Henderson, 41 NY2d 233 , 235.) … Mayo, 48 NY2d 245, 253 ; People v Fudger, 70 AD2d 703 ).

People v. Brown

252 A.D.2d 835 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1998

his attorney was well prepared, made appropriate pretrial motions, conducted effective cross-examination of the People’s witnesses and delivered a detailed and cogent opening statement and closing arguments (see, People v … Ryan, 90 NY2d 822 ; People v Parker, 220 AD2d 815, 817 , lv denied 87 NY2d 1023 ).

People v. Brown

60 A.D.2d 917 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1978

However, the trial court, by the portion of the charge above-quoted improperly removed this option from the jury (see People v Bostick, 51 AD2d 749 ). … People v Burgess, 50 AD2d 1036, 1037 ). Mollen, P. J., Titone, Suozzi and Hawkins, JJ., concur.