Case law

People v. Brown

123 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1986

Inadvertent observations of a defendant do not constitute an identification procedure within the intendment of United States v Wade ( 388 US 218 ; see, People v Gissendanner, 48 NY2d 543, 552 ). … Under the circumstances encountered herein, it cannot be said that the police officers intentionally arranged an inherently suggestive showup procedure (see, People v Richards, 118 AD2d 604 ; People v Burton, 106 AD2d 652

People v. Brown

244 A.D.2d 348 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1997

The defendant had no legitimate expectation of privacy in the vehicle, which was owned by and had been stolen from another individual (see, People v Strunkey, 202 AD2d 610 ; People v Cherena, 177 AD2d 638 ; People v Gittens … v Lopez, 71 NY2d 662 ; People v Pellegrino, 60 NY2d 636 ).

People v. Brown

105 A.D.3d 517 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2013

People v. Brown

195 A.D.2d 1055 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

, 80 NY2d 981, 982 , rearg denied 81 NY2d 759 ; People v Dokes, 79 NY2d 656, 662 ; People v Young, 195 AD2d 1041 [decided herewith]; People v Towndrow, 187 AD2d 194, 197 ). … Thus, defendant returned "to the status of one who is not under the influence of questioning” (People v Chappie, 38 NY2d 112, 115 ).

Bodine v. Brown

42 N.Y.S. 202 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1896

The primary meaning of the word “issue” includes all descendants (Drake v. Drake, 134 N. Y. 224 , 32 N. E. 114 ), but would not include the heirs, at law of a person dying without children. … Bisson v. Railroad Co., 143 N. Y. 128 , 38 N. E. 104 . We have carefully examined the codicils to the will, but find nothing in them that will tend to indicate that the testator had a different intention.

People v. Brown

195 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

Defendant’s conduct was sufficiently unique to be considered by the jury on the issue of identity (see, People v Smith, 63 NY2d 41, 64-65 , cert denied 469 US 1227 ; People v Allweiss, 48 NY2d 40, 47-48 ; People v Rossman … his ability to defend (see, People v Morales, 80 NY2d 450, 457 ).

People v. Brown

9 A.D.3d 884 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 2004

In addition, defendant asked relevant questions during that proceeding and responded appropriately to the court’s questions (see People v Planty, 238 AD2d 806, 807 [1997], lv denied 89 NY2d 1098 [1997]; People v Hall, 168 … Carbonel, 296 AD2d 858 , 858 [2002], quoting People v Gelikkaya, 84 NY2d 456, 460 [1994]).

Stevens v. Brown

249 A.D.2d 909 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1998

“[T]he court has broad discretionary powers in applying” CPLR 3101 (d) (1) (i) (Peck v Tired Iron Transp., 209 AD2d 979 ; see also, Schwartz v Tab Operating Co., 239 AD2d 244 ). … Palm Beach Club, 244 AD2d 904 , 906; see also, Austin v Knowlton, 234 AD2d 918 ).

People v. Brown

66 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1979

legal assistance by the conduct of the District Attorney in concealing Brown’s whereabouts from Stirpe (see People v Bevilacqua, 45 NY2d 508 ; People v Pinzon, 44 NY2d 458 ; People v Townsend, 33 *161 NY2d 37 ). … People v Hobson, 39 NY2d 479 ; People v Hetherington, 27 NY2d 242 ).

People v. Brown

269 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 2000

The defendant was present during the voir dire and when the challenges were given effect in open court (see, People v Velasco, 77 NY2d 469 ; People v Harris, 212 AD2d 631 ). *540 The court did not err in denying the defendant … ’s motion to set aside the verdict on the ground of juror misconduct without conducting a hearing (see, People v Anderson, 249 AD2d 405 ).

People v. Brown

159 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1990

Shortridge, 65 NY2d 309 , 313; People v Maerling, 46 NY2d 289, 298-299 ). … Barnes, 50 NY2d 375, 380 ; People v Sabella, 35 NY2d 158, 168 ).

People v. Brown

101 A.D.3d 1698 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2012

People v. Brown

101 A.D.3d 1698 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2012

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

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

People v. Brown

306 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2003

The stop was based upon information from a police computer run that the defendant was driving a vehicle with a suspended registration (see generally, People v Ingle, 36 NY2d 413 [1975]; People v Osamudiamen, 269 AD2d 609 … [2000]; People v McCoy, 239 AD2d 437 [1997]).

Stegmuller v. Brown

216 A.D.2d 23 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1995

(See, e.g., Matter of Gumbrecht v McGuire, 117 AD2d 531 .) Neither the Medical Board nor the Board of Trustees were required to identify the actual cause of the heart condition at issue. … (See, Matter of Goldman v McGuire, 101 AD2d 768 ; see also, Matter of Bagarozza v McGuire, 100 AD2d 986 , affd 64 NY2d 1043 .)

People v. Brown

139 A.D.3d 963 · Appellate Division of the Supreme Court of the State of New York · May 18, 2016

Mateo, 2 NY3d 383, 428-429 [2004]; People v Harrison, 288 AD2d 396 [2001]; People v Respass, 213 AD2d 430, 430 [1995]). … The People were thus entitled to question the defendant on cross-examination regarding his inappropriate conduct toward the complainant’s cousin (see People v Fardan, 82 NY2d 638, 646 [1993]; People v Perez, 120 AD3d 514

People v. Brown

39 A.D.3d 1021 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

Initially, given that defendant is on parole, we do not agree with the People’s contention that defendant’s appeal is moot due to his October 12, 2006 release from prison (see People v Hastings, 24 AD3d 954 , 956 n [2005] … In sum, there are no extraordinary circumstances that exist which warrant a reduction of the sentence (see People v Murphy, 257 AD2d 766, 767 [1999], lv denied 93 NY2d 876 [1999]).

People v. Brown

161 A.D.2d 527 · Appellate Division of the Supreme Court of the State of New York · May 29, 1990

(See, People v McLucas, 15 NY2d 167, 170 .) Nor, in the circumstances, did the second statement explain or complete the first. … (See, People v Satterfield, 66 NY2d 796, 799 ; CPL 440.30 [2].)