Case law

Brown v. Annucci

119 A.D.3d 1373 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2014

People v. Brown

239 A.D.2d 784 · Appellate Division of the Supreme Court of the State of New York · May 22, 1997

(May 22, 1997) The People of the State of New York, Respondent, v William J. Brown, Appellant. [657 NYS2d 518] Spain, J. … Therefore, we decline to disturb it (see, People v ValdezRodriques, 235 AD2d 627, 630-631; People v Etheridge, 233 AD2d 626, lv denied 89 NY2d 921; People v Valentin, 233 AD2d 623, lv denied 89 NY2d 931). Mikoll, J.

People v. Brown

66 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1978

Bowers v. Brown

116 A.D.3d 953 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2014

Brown, the Queens County District Attorney, from proceeding with the prosecution of the petitioner under Queens County indictment No. 423/13 and to compel the respondent to have that indictment dismissed, and application

People v. Brown

242 A.D.2d 337 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 1997

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated December 4, 1995 (People v Brown, 222 AD2d 445 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.

People v. Brown

76 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 2010

Rothwax, 63 NY2d 243, 250 [1984]; People v Way, 69 AD3d 964, 965 [2010]; People v Hernandez, 11 AD3d 479 [2004]; People v Knorr, 284 AD2d 411, 412 [2001]). … ]; People v Lockhart, 220 AD2d 690, 691 [1995]).

People v. Brown

108 A.D.2d 922 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1985

No such proof was offered by him (see generally, People v Clark, 41 NY2d 612 , 616-617, cert denied 434 US 864 ; 2 CJI, Penal Law § 160.15 [4], at 950-954; Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book … Moreover, the trial court properly permitted evidence of defendant’s attempted flight from the police to be introduced (see, People v Yazum, 13 NY2d 302, 304 ; cf. People v Irvin, 43 NY2d 704, 705 ).

People v. Brown

36 A.D.3d 931 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2007

Johns, 469 US 478 [1985]; United States v Edwards, 415 US 800 [1974]; People v Ali, 131 AD2d 857 [1987]; People v Jackson, 111 AD2d 412 [1985]). … Ramirez-Portoreal, 88 NY2d 99, 108 [1996]; People v Mora, 259 AD2d 562 [1999]; United States v Cox, 428 F2d 683 [1970]).

Brown v. Annucci

119 A.D.3d 1373 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2014

People v. Brown

113 A.D.3d 455 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014

There is no basis for disturbing the court’s credibility determinations, including its evaluation of the purported inconsistencies in testimony that defendant asserts on appeal (see People v Prochilo, 41 NY2d 759 , 761 [1977

People v. Brown

116 A.D.3d 597 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2014

Brown v. Hevesi

19 A.D.3d 858 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 2005

New York State & Local Employees’ Retirement Sys., 14 AD3d 984 , 985 [2005], lv denied 4 NY3d 709 [2005], quoting Matter of O’Brien v Hevesi, 12 AD3d 895, 896 [2004]; see Matter of Mirrer v Hevesi, 4 AD3d 722, 723 [2004]) … of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art.

People v. Brown

59 A.D.2d 622 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1977

Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ). Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

People v. Brown

216 A.D.2d 100 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1995

since defendant voiced only general objections to the closure and did not cross-examine the detective or otherwise challenge the People’s proof that his safety would be endangered by testifying in open court (see, People v … Pollock, 50 NY2d 547, 550 ; People v Diaz, 197 AD2d 441 , lv denied 82 NY2d 893 ), and we decline to review it in the interest of justice.

People v. Brown

301 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2003

People v Pelchat, 62 NY2d 97, 108 ), and the narrow exception to this rule (see id. at 109 ) is not applicable here. Nor are we persuaded that the sentence imposed was harsh or excessive.

Jackson v. Brown

49 A.D.3d 1092 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2008

petitioner a question and never actually gave him any directive, we cannot conclude that substantial evidence supports the finding that petitioner disobeyed a direct order (see 7 NYCRR 270.2 [B] [7] [i]; see also Matter of Cliff v … Vaughn, 275 AD2d 871, 871-872 [2000]; Matter of Covington v Coombe, 262 AD2d 675, 676 [1999]).

Brown v. Powell

278 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2000

, is lacking in merit (see, Reader v Reader, 236 AD2d 829 ). … Zenz, 260 AD2d 474 ; see also, Matter of Michelle W. v Forrest James P., 218 AD2d 175, 178 ).

Brown v. Ames

290 A.D.2d 693 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2002

In determining the location of property boundaries, “natural landmarks and artificial monuments take precedence over mere metes and bounds descriptions” (Zelnik Realty v York, 170 AD2d 926, 928 ; see, Pauquette v Ray, 58 … v Carfizzi, 225 AD2d 1009, 1010 ).

People v. Brown

116 A.D.3d 597 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2014

People v. Brown

5 A.D.3d 789 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2004

was well within the permitted six-month time limit (see People v Carpenito, 199 AD2d 522 [1993]; People v Scarpinito, supra). … 436 [1966]; People v Hendricks, 90 NY2d 956, 957 [1997]; People v Rogers, 245 AD2d 395, 396 [1997]).