Case law

Raimo v. Brown

249 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998

a prima facie case in this action, the plaintiff must be able to demonstrate that the appellant created the condition which caused the accident or that it had actual or constructive notice of the condition (see, Gordon v … American Museum of Natural History, 67 NY2d 836 ; Thatcher v Waldbaums, Inc., 221 AD2d 519 ; Kane v Human Servs.

Brown v. Barron

23 A.D.3d 1125 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005

People v. Brown

160 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1990

The probative value of the background evidence received outweighs any prejudice to defendant (People v Ventimiglia, 52 NY2d 350, 359 ; People v Fay, 85 AD2d 512 ). … v Fay, supra).

People v. Brown

188 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1992

constitutional rights and failed to establish the elements of the crime to which he was pleading beyond a reasonable doubt is unpreserved for review as a matter of law since defendant never moved to withdraw the plea (People v … court having informed defendant of the constitutional rights he was waiving by pleading guilty and the various sentences he might receive based upon his criminal history and the charge to which he was pleading (see, People v

People v. Brown

107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013

People v. Brown

192 A.D.2d 666 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1993

Since this claim rests on matters which are not contained in the record, its presentation on direct appeal is improper (see, People v Noland, 189 AD2d 829 ; People v Weinberg, 183 AD2d 930 ). … We find that the sentence imposed was neither harsh nor excessive (see, People v Delgado, 80 NY2d 780 ). Thompson, J. P., Rosenblatt, Lawrence and Santucci, JJ., concur.

People v. Brown

76 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1980

, 68 AD2d 331 ; People v Goggins, 64 AD2d 717 ; People v Davis, 63 AD2d 685 ; People v Mariable, 58 AD2d 877 ; People v Lopez, 73 AD2d 676 ). … People v Conner, 69 AD2d 908 ).

Brown v. O'Keefe

141 A.D.2d 915 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1988

Wallace, 87 AD2d 926, 927 ; Matter of Redemption Church of Christ of Apostolic Faith v Williams, 84 AD2d 648 ). … However, granting permission to appeal sua sponte (see, Matter of Swartz v Wallace, supra, at 927), we nevertheless affirm Supreme Court’s order.

Brown v. Terwilliger

109 A.D.3d 1221 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013

Brown v. Patterson

108 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2013

Charbonneau v. Brown

69 A.D.2d 925 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1979

Matter of Michaelson v New York City Police Dept., License Div., 53 AD2d 573). … are mindful that the issuance or denial (or revocation) of a license to carry a pistol (Penal Law, § 400.00) is within the discretion of the licensing officer, the exercise thereof is not beyond review (Matter of Davis v

People v. Brown

184 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1992

Petra *648 lia, 62 NY2d 47, 51 , cert denied 469 US 852 ; People v Acevedo, 179 AD2d 465 ; People v Arango, 175 AD2d 840 ). … Where the delay is both protracted and unexplained, the courts will generally find it unreasonable (see, People v Drake, supra, at 365; People ex rel. Harty v Fay, 10 NY2d 374 ).

People v. Brown

190 A.D.2d 1003 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1993

v Allen, supra). … Rodriguez, 69 NY2d 159 ; People v Telfer, 175 AD2d 638 , lv denied 78 NY2d 1130 ; People v Cacioppo, 104 AD2d 559 ; cf., People v Millan, 69 NY2d 514 ).

Brown v. Bellamy

170 A.D.2d 876 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1991

The subrogee cannot, however, acquire rights greater than those in whose stead it is substituted (see, Solomon v Consolidated Resistance Co., 97 AD2d 791, 792 ; Medical Malpractice Ins. Assn. v Medical Liab. Mut. Ins. … Jarvis, 74 AD2d 937 ; Stein v Nellen Dev.

People v. Brown

207 A.D.2d 556 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1994

v Correa, 77 NY2d 930, 931 ; People v Arthur F., 193 AD2d 813 ; People v Chapman, 185 AD2d 892 ). … Gomberg, 38 NY2d 307 ; People v Sydney, 195 AD2d 763 ; see also, People v Wandell, 75 NY2d 951 ; People v McDonald, 68 NY2d 1 ; People v Mattison, 67 NY2d 462 , cert denied 479 US 984 ; People v Monroe, 54 NY2d 35 , cert

People v. Brown

52 A.D.3d 943 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2008

Corp. v Klein, 46 NY2d 686, 693 [1979]; see Yick Wo v Hopkins, 118 US 356, 373-374 [1886]; People v Blount, 90 NY2d 998, 999 [1997]). … 97 NY2d 203, 208 [2002]; People v Bennette, 56 NY2d 142, 146 [1982]; People v Sandoval, 34 NY2d 371 [1974]).

People v. Brown

106 A.D.3d 641 · Appellate Division of the Supreme Court of the State of New York · May 28, 2013

People v. Brown

106 A.D.3d 641 · Appellate Division of the Supreme Court of the State of New York · May 28, 2013

People v. Brown

274 A.D.2d 609 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 2000

US 225, 241 ; cf., People v Bembry, 258 AD2d 921 , lv denied 93 NY2d 897 ; People v Byrd, 239 AD2d 277 , lv denied 90 NY2d 902 ). … It, therefore, was incumbent upon the People to establish that such error was harmless beyond a reasonable doubt (see, People v Almestica, 42 NY2d 222, 226 ).

People v. Brown

109 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013