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57 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1977
In a proceeding inter alia, to validate petitions designating petitioner-respondent as a candidate in the election to be held on May 3, 1977, for the public position of Member of the ■ New York City Community School Board … Therefore we hold that the mistake was inconsequential and should not cause petitioner to lose her place upon the ballot (see Matter of Rothstein v Chiavaroli, 41 AD2d 1024 ). Hopkins, Acting P.
Cited 4 timesPublished274 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 ).
Cited 9 timesPublished109 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013
Cited 0 timesPublished109 A.D.3d 1221 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013
Cited 0 timesPublished250 A.D.2d 774 · Appellate Division of the Supreme Court of the State of New York · May 18, 1998
The defendant’s challenge to the prosecutor’s summation is unpreserved for appellate review (see, People v Comer, 73 NY2d 955, 956-957 ; People v Medina, 53 NY2d 951, 953 ; People v Lewis, 175 AD2d 885, 886 ; People v Escalera … AD2d 793 ; People v Pruna, 177 AD2d 519 ; People v Lewis, supra).
Cited 7 timesPublished105 A.D.3d 517 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2013
Cited 0 timesPublished123 A.D.2d 473 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 1986
In People v Motley ( 119 AD2d 57 ), we held that the first of the foregoing objections was waived or forfeited by a guilty plea. … The record conclusively establishes that defendant was actually present at his plea colloquy, and not another Harold Brown who was incarcerated at Elmira Correctional Facility and who had been mistakenly produced at earlier
Cited 6 timesPublished110 A.D.3d 915 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2013
Brown, 85 AD3d 940 [2011]). … Cabrera, 103 AD3d 748 [2013]; People v Franklin, 101 AD3d 1148 [2012]; People v Hickman, 85 AD3d 1057 [2011]).
Cited 1 timesPublished107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013
Cited 0 timesPublished187 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1992
Kenneth Browne under Queens County Indictment Number QN10243/92. … Prohibition is never available merely to correct or prevent trial errors of substantive law or procedure, however grievous (Matter of Rush v Mordue, 68 NY2d 348, 353 ; La Rocca v Lane, 37 NY2d 575, 579 ).
Cited 1 timesPublished209 A.D.2d 428 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1994
Each of these alleged errors is unpreserved for appellate review as the defendant failed to raise any objection to the charge in the trial court (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ). … ; People v Green, 154 AD2d 616 ).
Cited 8 timesPublished104 A.D.2d 1044 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1984
First, a portion of the tape is substantially inaudible, and should have been excluded for that reason alone (see People v Mincey, 64 AD2d 615 ). … In these circumstances, providing a transcript, which is normally permissible (see People v Feld, 305 NY2d 322 ), served to compound the error (cf. People v Colon, 87 AD2d 826 ; People v Pagan, 80 AD2d 924 ).
Cited 7 timesPublished2024 NY Slip Op 05221 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2024
People v Brown ( 2024 NY Slip Op 05221 ) People v Brown 2024 NY Slip Op 05221 Decided on October 23, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 202/21) [*1]The People of the State of New York, appellant, v Quesan Brown, respondent. Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel; Afifa T. Waheed on the brief), for appellant.
Cited 0 timesPublished62 A.D.2d 547 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1978
Board of Educ., 34 NY2d 222 , 233). … At that hearing, the court will also deduct from his back pay any compensation or unemployment benefits received by the petitioner during the period covered by the award (Matter of Haynes v Board of Educ., 57 AD2d 959 ).
Cited 2 timesPublished93 A.D. 312 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1904
(Markham v. Jaudon, 41 N. Y. 235 .) … The earliest of these is Roberts v.
Cited 6 timesPublished167 A.D.2d 346 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1990
Lomax, 50 NY2d 351 ; cf., People v Santos, 68 NY2d 859 ; People v Berkowitz, 50 NY2d 333 ; People v Montes, 151 AD2d 700 ). … Brown, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.
Cited 7 timesPublished232 A.D. 158 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1931
(Guenther v. Ridgway Co., 159 App. Div. 74 .)
Cited 3 timesPublished256 A.D. 1103 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1939
(Grossman v. Herman, 266 N. Y. 249 ; Niesen v. Galewski, 240 id. 652.) Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.
Cited 4 timesPublished169 A.D. 661 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1915
Cited 3 timesPublished72 A.D.3d 1558 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2010
In any event, that part of her contention is without merit (see People v Irwin, 5 AD3d 1122 [2004], lv denied 3 NY3d 642 [2004]; People v Gagliardo, 283 AD2d 964 [2001], lv denied 96 NY2d 901 [2001]; People v Higgins, 124 … Defendant failed to establish, however, that such a motion, if made, would have been successful (see People v Peterson, 19 AD3d 1015 [2005], lv denied 6 NY3d 851 [2006]; People v Phelps, 4 AD3d 863, 864 [2004], lv denied
Cited 2 timesPublished
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