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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
Cited 0 timesPublished49 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]).
Cited 1 timesPublished120 A.D.3d 676 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2014
Cited 2 timesPublished116 A.D.3d 597 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2014
Cited 0 timesPublished2 A.D.2d 202 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1956
In Tibbetts v. … People v. Hawley, 285 App. Div. 1009 ; McQuage v. City of New York, 285 App. Div. 249, 251 ).
Cited 2 timesPublished48 A.D.3d 590 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2008
41 AD3d 872 [2007]; People v White, 5 AD3d 511 [2004]). … In any event, the challenged comments were all either fair comment on the evidence, responsive to arguments and theories presented in the defense summation, or harmless (see People v Montero, 44 AD3d 796 [2007]).
Cited 5 timesPublished246 A.D.2d 568 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998
Cited 1 timesPublished121 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2014
Contrary to defendant’s argument, the evidence showed that he acted recklessly (see People v Asaro, 21 NY3d 677 [2013]; People v Sands, 159 AD2d 984 [4th Dept 1990]). … Arnold, 96 NY2d 358, 363 [2001]; see People v Howze, 57 AD3d 220 [1st Dept 2008], lv denied 12 NY3d 758 [2009]).
Cited 2 timesPublished63 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1978
Cited 4 timesPublished55 A.D. 8 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1900
(Hurley v. Brown, 54 App. Div. 619 ; 44 id. 480.) The decision of the Appellate Division announcing the reversal was in these words: “ Judgment reversed, with costs, and complaint dismissed.” … In Von Keller v. Schulting ( 45 How.
Cited 3 timesPublished295 A.D.2d 442 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2002
The defendant contends that the prosecutor, in response to his Batson challenge (see Batson v Kentucky, 476 US 79 ), failed to relate the prospective juror’s employment as a social worker to the facts of this case. … This argument was not asserted before the trial court and therefore is not preserved for appellate review (see People v Stephens, 84 NY2d 990, 991-992 ).
Cited 11 timesPublished287 A.D.2d 341 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 2001
The incidents involved the same or similar statutory provisions and were joinable pursuant to CPL 200.20 (2) (c) (see, People v Streitferdt, 169 AD2d 171 , lv denied 78 NY2d 1015 ; People v Maldonado, 75 AD2d 558 ). … Defendant has also failed to make a *342 convincing showing that he had. important testimony to give concerning one case and a strong need to refrain from testifying in the other (see, People v Lane, 56 NY2d 1; People v Griffith
Cited 4 timesPublished114 A.D.3d 1146 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2014
Cited 0 timesPublished117 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1986
—Appeal unanimously dismissed as moot (see, mem in People v Brown [Appeal No. 2], 117 AD2d 978 ). (Appeal from order of Monroe County Court, Mark, J.—dismiss count three of indictment.) Present—Doerr, J.
Cited 8 timesPublished57 A.D.3d 1461 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2008
lv denied 94 NY2d 924 [2000], 95 NY2d 856 [2000]; see also People v Young, 298 AD2d 952 [2002], lv denied 99 NY2d 566 [2002]; People v Dixon, 221 AD2d 952 [1995] , lv denied 87 NY2d 972 [1996], cert denied 519 US 842 [1996 … 11 NY3d 786 [2008]; People v Black, 38 AD3d 1283, 1285 [2007], lv denied 8 NY3d 982 [2007]).
Cited 9 timesPublished104 A.D.3d 864 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2013
]; People v Bayes, 78 NY2d 546, 551 [1991]; cf. … People v Torres, 72 NY2d 1007 [1988]; People v Pegeise, 195 AD2d 337, 339 [1993]).
Cited 3 timesPublished114 A.D.3d 1146 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2014
Cited 0 timesPublished114 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1985
lineup was not used, "a lineup is not an essential part of identification procedures as long as the procedure utilized is not so suggestive as to prohibit an independent in-court identification of the defendant” (People v
Cited 5 timesPublished108 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2013
Cited 0 timesPublished101 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1984
the spermatozoa found in the victims’ bodies and the human hairs recovered from their beds, and the frequency of occurrence of the same characteristics in the general population (see Matter of Abe A., 56 NY2d 288 ; People v
Cited 3 timesPublished
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